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(영문) 광주지방법원 2018.11.30 2018고단2926
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium used for electronic financial transactions, or store, deliver or distribute such medium in return for payment, request or promise.

Nevertheless, on February 27, 2018, the Defendant promised to receive KRW 2 million in return for the lending of one physical card to a name-free person who had contacted through Kakakao Stockholm, and agreed to receive KRW 2 million in return. On February 27, 2018, the Defendant used Kwikset with one physical card connected to the account of Defendant’s name-free bank (B) in front of the department store to the account of Defendant’s name-free bank (B) in front of the department store.

As a result, the defendant promised to pay the price to the third party and used the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes for the certificate of transfer confirmation;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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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