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(영문) 광주지방법원 2018.02.01 2017고단5248

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

In using and managing access media, no one may borrow or lend access media while receiving, demanding or promising the consideration, except as otherwise expressly provided for in other Acts. On August 3, 2017, the Defendant lent access media by sending physical cards connected to the National Bank Account (number : C) to the non-resident bank account by sending them to the non-resident on his/her own, “on the face of lending card, he/she will give KRW 800,000 per day” from the non-resident's house located in Gwangju North-gu B and 307.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Investigation reports (Attachment to the detailed statement of accounts for the counter-party to the electronic finance transaction), investigation reports (Attachment to reply materials as a result of execution of a search and inspection warrant);

1. Application of the Kakao Stockholm Acts and subordinate 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 fact that the access media leased by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was actually used in the crime and the damage was incurred due to the actual use of the crime of this case under unfavorable circumstances, the fact that the price for the crime of this case was not actually acquired, the confession of the crime was against the mistake while the crime was committed, and the initial crime without any previous conviction was committed, shall be considered under favorable circumstances, and other factors of sentencing as expressed in the course of the investigation and trial are taken into account, and the punishment of the fine