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(영문) 전주지방법원 2016.11.25 2016고정460

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 issue a transaction request in electronic financial transactions or lend a means of access used to secure the authenticity and accuracy of the details of such transaction and users.

Nevertheless, around October 20, 2013, the Defendant promised that he would lend the passbook to 1,500,000 won per one (1.5 million won per one) from a person who has no personal name, and sent two physical cards, each of which is linked to the Agricultural Cooperative Account B and C (C) in the name of the Defendant.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Copy of the police interrogation protocol of the accused;

1. Written complaints and statements of D;

1. Application of each specification of transactions Acts and subordinate statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015) regarding criminal facts (a means of lending access media)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Under Article 334(1) of the Criminal Procedure Act, the act of lending the means of access to electronic financial transactions to a third party on account of unfavorable reasons for sentencing of Article 334(1) of the said Act may cause damage to many and unspecified persons because it can be used for fraud, such as singing, etc. In fact, the account of the means of access leased by the accused has been used for fraud, and the circumstances after the

The favorable circumstances include that the defendant has no record of criminal punishment exceeding the same kind of crime or fine.

The above circumstances and other factors, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the various sentencing conditions under Article 51 of the Criminal Act.