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(영문) 대전지방법원 논산지원 2017.01.17 2016고단502

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 one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.

Nevertheless, on April 19, 2016, the Defendant promised to receive 2 million won per e-mail card in return for lending the e-mail card from a person without his name to another person at a non-name-based location below the same e-mail, and opened the e-mail card and passbook connected to the national bank account (B) in the name of the Defendant with Kwikset service.

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 governing deposit without passbook;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act can be abused as a means of other crime not only impairing the safety and trust of financial transaction, but also for leased cards, etc. In light of the fact that the passbook leased by the defendant was used for actual fraud, it is necessary to punish the defendant strictly.

However, considering the fact that the defendant reflects the wrong, the first offender, the age, sexual conduct, environment, circumstances of the crime, the result of the crime, the circumstances after the crime, etc., the punishment as set forth in the text shall be determined by taking into account all the sentencing conditions as shown in the arguments in this case.