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(영문) 대전지방법원 논산지원 2017.11.21 2017고단511

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall lend any access medium while promising to make a price.

Nevertheless, on April 18, 2017, the Defendant agreed to receive KRW 70,00 per day in return for the establishment of the above “B” and the access media by visiting the “B” to post a notice of the “B-based recruitment” through the Facebook at a place where it is unknown on April 18, 2017, and to receive KRW 70,00 per day in return for the establishment of the said “B” and the access media.

5. 12. 13:00 around 13:0, 100 Madkset service, at around C in the vicinity of the bus terminal in Seosan-si, 1000, one physical card connected to the Defendant’s name’s bank account (D).

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of suspect interrogation of each police officer regarding E (a copy of the protocol);

1. Each statement of F, G and H;

1. Application of Acts and subordinate statutes on the details of transfer, the details of entry and withdrawal, receipts for public use, etc.;

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. In light of the fact that the instant crime with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, not only undermines the safety and trust of financial transactions, but also can be abused as a means of other crimes, and the card lent by the Defendant was used for actual fraud, it is necessary to punish the Defendant strictly.

However, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case, such as the fact that the defendant reflects the defendant's mistake, that the defendant has no record of the same kind of crime or suspended execution, and that there is no record of the defendant's age, sex, environment, background of the crime, the result of the crime,