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(영문) 청주지방법원 2018.03.08 2017고단2448

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend any access medium with the receipt, request or promise of compensation.

From August 26 to 27, 2017, the Defendant: (a) promised to lend a passbook and physical check connected to the account in the name of the Defendant to the bank account in the name of the Defendant on the condition that the Defendant would receive KRW 150 to 20 million per week; and (b) around August 28, 2017, the Defendant 1 sent the physical check card connected to the Defendant’s bank account in the name of the Defendant at the post office in the name of the Defendant at Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongdong-gu. (C) around August 26, 2017.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on damage to D, a written petition, and a written statement;

1. Investigative report (the nominal name of the national bank account);

1. Application of Acts and subordinate statutes on transfer details;

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. The crime of sentencing under Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of a provisional payment order is deemed to have leased his/her body card to the defendant with his/her name in return for the promise of compensation from his/her person, and may be abused for other crimes, such as Bosing, singing, etc. (in fact, access media leased by the defendant was used for the crime of fraud and causing damage to the defendant). However, the crime of sentencing under Article 51 of the Criminal Act is determined by comprehensively taking account of the following factors: (a) the fact that the defendant's mistake is recognized and against the defendant; (b) there is no benefit obtained from the crime of the judgment; (c) there is no history of criminal punishment; and (d) other factors of sentencing under Article