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(영문) 대전지방법원 천안지원 2017.09.05 2017고단1400

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 other Act, no one shall lend any access medium while receiving, demanding or promising the payment thereof in using and managing access medium for electronic financial transactions.

Nevertheless, on March 28, 2017, the Defendant: (a) received a proposal from a person whose name is unknown, stating that “the Defendant would pay KRW 3 million on the 15th day of each week from a person who lent an account to be used in the Kamno.” On the same day, the Defendant sent the Kam Card connected to the company’s account in the name of the Defendant to a person whose name is unknown by using Kwikset’s business bank account (D) in the name of the Defendant before the company in Seo-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. E’s written petition and data submitted;

1. Application of Acts and subordinate statutes to response materials (financial information, etc.);

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: Lending media access to electronic financial transactions need to be strictly punished as a means of other crimes. In reality, even in this case, circumstances in which the access media leased by the defendant was used for the crime of fraud are recognized and reflected: The defendant's age, sex behavior, environment, motive, means and consequence of the crime, and circumstances before and after the crime should be comprehensively considered.