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(영문) 청주지방법원 제천지원 2015.09.24 2015고단386

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

No person shall borrow or lend a means of access in receiving, demanding or promising any compensation.

Nevertheless, on March 2015, the Defendant lent the Agricultural Cooperative (Account Number B) and physical card in the name of the Defendant in the name of the Defendant established at the National Forest Branch of the Agricultural Cooperatives, the Defendant borrowed 3 million won in lieu of lending the passbook to the person in default of his/her name at the Seocheon-si, Yacheon-si, 25-24, Jungcheon-si, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on internal investigation (a document attached to a statement of funds from entering and withdrawing the accounts of the victim agricultural cooperative);

1. Application of Acts and subordinate statutes to warrant of search, seizure and verification;

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 for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lends the means of access under the condition that the Defendant would receive consideration. Considering that the above lending means of access can be abused for crimes such as singing, etc., the above act of the Defendant is highly favorable to the Defendant. The above act of the Defendant is one of the means of access leased by the Defendant, the means of access is only one, the confession and rebuttal of the instant crime, and the first offender without any criminal record is favorable to the Defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.