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(영문) 수원지방법원 2018.09.20 2018고단1839
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall lend any access medium while demanding, demanding or promising the consideration in using and managing the access medium.

Nevertheless, on June 2015, the Defendant promised to receive KRW 3 million from the person in a name in the name of the head of the Tong from the person in the name of the non-defluence, and promised to receive KRW 3 million from the bank (Account Number C) and the company bank (Account Number D) access media in the name of the Defendant and notified the account number and password to the non-defluence.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. A protocol concerning the interrogation of suspects of E;

1. E statements;

1. Statement made by the police with regard to F;

1. Documents and written statements of G;

1. Search and seizure inspection warrant, response to requests for search and seizure, details of transactions (one bank), details of transactions, and details of replies;

1. Account details and a certificate of approval;

1. The defendant asserts that the investigation report (a certificate of transfer confirmation, etc.) (the defendant only lends the physical card to E without compensation to the defendant.

However, E stated at an investigative agency that “The Defendant may borrow a physical card necessary for laundry on the early June 2015, and receive the price after three months from the beginning of the week, and H was introduced, and the Defendant also received the price and sent the physical card to H.”

The above statements of E are credibility in light of the fact that E himself/herself has been subject to punishment for committing an offense as above, or that his/her statement is consistent.

Application of Statutes

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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