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(영문) 수원지방법원 평택지원 2018.06.20 2018고단383
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising to receive, demand or promise the use or management of the access medium.

On December 30, 2017, the Defendant requires another person card as a tax issue for the collection of the price for logistics from a person who has no name on December 30, 2017.

It is possible to pay KRW 3 million on the face of lending the account.

Upon receipt of the proposal to the purport of “Swikset,” and in response thereto, he lent the access media to Kwikset service article with a promise to sell the physical card and password connected to the Defendant’s community credit cooperative D account in the name of the Defendant, to Kwikset who sent the above name and the password to Kwikset.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on public receipts;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the crime of lending a medium that approaches the reason for sentencing under Article 334(1) of the Criminal Procedure Act serves as a means to facilitate other crimes, and that the access media provided by the Defendant was actually used for the crime, the Defendant’s liability is not less than that of the crime, but it is against the fact that there is no other punishment force except that of the criminal punishment due to joint assault and obstruction of business, other factors such as the Defendant’s age, sex behavior, environment, background leading to the crime, circumstances leading to the crime, etc., as indicated in the order, shall be determined by comprehensively considering the following factors:

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