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(영문) 수원지방법원 평택지원 2018.04.13 2017고단2355
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall lend or receive any cash card, password, passbook, etc. necessary for the use of the cash card, etc., which is a medium access to electronic financial transactions issued by a financial institution, by receiving, demanding or promising to lend the same.

Nevertheless, the Defendant, at around 14:00 on September 5, 2017, at around 14:0, at the store of a mutually infinite clothes located in Pyeongtaek-si, he/she should accumulate the performance of the head of the Tong in order to grant a loan from a person in secret name.

When sending the cash card, the statement that “I will loan KRW 10 million after recording the transaction performance record,” and that each cash card connected to the account of the company bank (B) account and C) account in the name of the defendant was left to the place so that the name of the non-member can be found, and the password of each cash card was known to the non-member through the Kakao Stockholm.

As a result, the Defendant promised to pay credit rating through false deposit and return to the name in return for the intangible expected interest of future loans, and lent the accessible media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A written petition;

1. A detailed statement of remittance of the amount of damage;

1. Application of Acts and subordinate statutes on a separate account list;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The instant crime is committed by facilitating a crime that inflicts property damage on an unspecified number of unspecified victims, such as singing, singing, and Internet gambling, and its social harm is very high: The Defendant does not have any special criminal record, except for the confession, reflect, and the punishment imposed on a fine for violating the Road Traffic Act around 2001: The Defendant’s age, family relation, and criminal records, etc.

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