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(영문) 청주지방법원 영동지원 2017.05.16 2017고단28

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in using or managing the access medium of electronic financial transactions.

Nevertheless, around August 2, 2016, the Defendant promised to receive KRW 2,000 to KRW 3,00,000 in return for the loan of bank accounts from the Buddhist bus terminal located in 26,000,000,000,000 from the non-existent-gun, Macheon-gun, Macheon-si, Macheon-gun, the Defendant lent the access media of the NAB Electronic Financial Transactions to the taxi officer who sent the non-sponsed by the non-spact winners of the physical card No. 1 and the password connected to the Defendant’s corporate bank account (B).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of financial transaction inquiries;

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);

2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

3. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is that the lending of the access medium for electronic financial transactions can be used as a means of other crimes, such as the instant crime, and the nature of such crime is not easy.

In fact, the access media lent by the defendant was used for other crimes, resulting in damage.

However, on the other hand, the crime of this case was committed once, and the defendant does not seem to have been directly involved in other crimes.

The Defendant was committed by committing the instant crime, and his mistake is divided.

There was no criminal history of criminal punishment against the defendant.

In addition, the existing level of punishment for the cases similar to the sentencing conditions revealed in the trial process of this case shall be determined as per the disposition in consideration of the two cases.