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(영문) 전주지방법원 2017.06.16 2017고단718

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 borrow or lend any medium access to electronic financial transactions while receiving, demanding or promising such consideration.

Nevertheless, the Defendant, upon receipt of a proposal to offer 2 million won per unit when sending a physical card from a person under his/her name, sent a physical card to a person under his/her name, and around the end of December 2016, the Defendant sent a physical card to a person under his/her name, which was linked to the new cooperative account (B) opened in the name of the Defendant before the Ansan-dong located in the Si/Eup/Myeon, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s petition;

1. Application of statutes on financial transaction information;

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (the point of lending access media and the selection of fines);

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

1. Under Article 334(1) of the Criminal Procedure Act, the act of transferring or lending to another person electronic financial transaction access media may cause damage to many and unspecified persons because it can be used for fraud crimes, such as licensing, etc. In fact, the account of access media lent by the Defendant was used for fraud.

The favorable circumstances include the fact that the defendant recognizes the crime of this case, that the defendant is the first offender, and that the damage of the fraud that has been deposited into the lending account of the defendant has not been withdrawn.

In addition to the above circumstances and the following circumstances, the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by comprehensively taking account of the various sentencing conditions under Article 51 of the Criminal Act as stated in the records of the instant case.