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(영문) 대전지방법원 2015.06.24 2015고정785

전자금융거래법위반

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

With respect to the use and management of a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in exchange for compensation, demand or promise, unless otherwise expressly provided for in any other Act.

Nevertheless, the Defendant, on January 27, 2015, borrowed a means of access, such as a bank account (B), post office account (C), agricultural cooperative account (D), new cooperative account (E), and each passbook, physical card, and password connected to the foreign bank account (F), and received KRW 150,000 from the above needy person as a consideration, if he/she borrowed a passbook from the needy person who became aware of it through the job offer advertisement.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A deposit certificate;

1. Application of the new Acts and subordinate statutes on financial transaction information;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [limited to the applicable sentencing range] 20 million won or less [decision of sentence] was leased, the payment was also given, the circumstances in favor of the fact that the actual damage of the fraudulent incident occurred due to the loan of the defendant: confession and the fact that the defendant is not good health, and the economic situation is not good, and the punishment was determined as ordered by considering the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, occupation, environment, the background and content of the instant crime, and the circumstances after the crime.