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(영문) 창원지방법원 밀양지원 2017.05.18 2017고단55

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 demanding or promising the payment therefor.

Nevertheless, around August 22, 2016, the Defendant promised to receive KRW 3 million in return for lending the account at the street in front of the exit of 1822 Seoul Southern-ro, Nam-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City), and lent the physical card connected to the post office account (B) in the name of the Defendant using the Ototoba bit.

Accordingly, the defendant agreed to pay for the price and lent a passbook and a check card, which is an access medium to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes about details of financial transactions;

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. In light of the fact that there is no record of punishment for the same crime as the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and the sentencing conditions indicated in the records, such as the defendant’s age, environment, motive, means and consequence of the crime, etc., the punishment is determined as ordered.