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(영문) 의정부지방법원 2017.09.13 2017고단3450

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, around April 4, 2017, around 17:30 on April 4, 2017, the Defendant promised to receive 6 million won from a person in a name in the name in the front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, to deliver to the person in a name in a new bank account (C) in the name of the Defendant and 2 physical card linked to the bank account (D) through Kwikset.

As a result, the Defendant promised to pay for the consideration, and used the approaching media respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the defendant;

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

1. Statement made by the police for E;

1. A certificate of confirmation of remittance of electronic finance (18, 19 pages);

1. Application of statutes, such as the details of account transactions in the name of Korea bank and the new bank bank;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of an alternative fine for punishment;

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

1. The Defendant’s act leading to the instant crime shall be subject to criticism, even though he was well aware of the reason for sentencing Article 334(1) of the Criminal Procedure Act, that it was used in disturbing the economic order within our society, such as phishing, etc.

The defendant was to receive 6 million won in return for lending 2 head of the check card, and it was well aware that the defendant's act was illegal and dangerous to the extent that he packages the check at the Cheongba in accordance with the direction of the person without his name.

It is necessary to impose severe punishment.

However, the defendant has been remarkably divided, and there has been no criminal punishment so far.

In addition, the age, sex, environment, attitude after the crime, etc. of the defendant are all.