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(영문) 대구지방법원 포항지원 2017.02.07 2016고단1602

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall give a transaction instruction in an electronic financial transaction while promising to receive a consideration, or lend any access medium used to secure the authenticity and accuracy of users and the details of such transaction.

On October 30, 2016, the Defendant borrowed the account from the 103 east-gu, North Korea-gu, Posi-si, the Defendant’s residence, to receive 5% of the deposit amount, and sent the check card linked to the bank account (D) opened in the name of the Defendant through Kwikwikset Service to a person whose name is unknown.

Accordingly, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on a copy of each statement of transactions;

1. Relevant law and Article 49 (4) 2 and 6 of the Electronic Financial Transactions Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Consideration of various factors of sentencing indicated in the records, such as Defendant’s character, environment, and circumstances before and after the crime, other than each of the above circumstances, given that the access media leased by the Defendant was a single crime; that the Defendant did not obtain any particular consideration for the crime; that, although the access media leased by the Defendant was used to commit the crime of Bosing, most of the deposited damage was not withdrawn; that it would be possible to recover damage; that is, recognition of the crime is against the mistake; that there was no criminal history; that there was no criminal history; that the Defendant is a juvenile; that there was no criminal history; that there was no criminal history; and that there was no evidence of sentencing as indicated in the records.