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(영문) 대전지방법원 천안지원 2017.03.23 2016고단2350

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

Except as otherwise expressly provided for in any Act, no person shall lend any access medium used in electronic financial transactions while receiving, demanding or promising to receive the consideration.

Nevertheless, on July 12, 2016, the Defendant received a proposal and accepted the proposal that “if the Defendant borrowed 30,000 won of cash card, it will pay 100,000 won of the amount traded using the relevant account, it will be paid in total.” On July 12, 2016, the Defendant used one cash card connected to the Defendant’s corporate bank account in the name of the Defendant in the front of Asan City, Asan City, through Kwikset’s Kwikset’s service, for a fee for the benefit of using the said name-based access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect of the accused;

1. Statement made by the police against D;

1. Details of transfer, and application of Acts and subordinate statutes to financial information replys;

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. Taking into account the following factors: (a) the first offense for sentencing under Article 334(1) of the Criminal Procedure Act is the first offense for the order of provisional payment; and (b) the fact that the commission of a crime and the commission of mistake are against each other