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(영문) 창원지방법원 통영지원 2017.07.19 2017고단674

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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium or distribute, keep and deliver any access medium while demanding, demanding, or promising to provide, demand, or promise the compensation.

On March 3, 2017, the defendant sought a name account to be used for one month from a person who has no name to the name of the defendant.

After receiving the letter of “to pay KRW 3 million as user fee,” one head of the cream card associated with the Defendant’s name bank account (C) shall be assigned to the restaurant located in Gyeongnam-si, Gyeongnam-si, and the Kwiksetseter had Kwikseter deliver the letter to the above person.

As a result, the defendant promised to receive the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of a warrant of search and seizure, reply and statutes;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the following facts: (a) the Defendant used access media with knowledge that it will be used as a tort for the purpose of punishing money easily; and (b) the Defendant has no record of criminal punishment in addition to juvenile protective disposition; and (c) the Defendant appears to reflect it; and (d) the Defendant’s age, sex behavior, environment, motive and circumstance of the crime, and circumstances after the crime are considered as a whole, and the punishment is determined as ordered.