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(영문) 청주지방법원 제천지원 2015.11.05 2015고단443

전자금융거래법위반

Text

Defendant shall be punished by a fine of two 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, the Defendant, at around 14:00 on July 1, 2015, received KRW 2 million from a person who has no name but to receive KRW 102,00,00 from a non-name apartment in the Cheongcheon-si, Cheongcheon-si, Cheongcheon-si.

2.2. Around January 2, 200, one passbook and one physical card linked to the Nong Bank Account (Account Number B) opened in the name of the Defendant were conveyed to the recipient of the means of access by promising Kwikset Service to receive compensation.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to report internal investigation (the result of execution of a warrant for search, inspection);

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 provides the means of access in return for promising the Defendant to receive compensation. Considering that the means of access that was leased can be abused for crimes such as singing, etc., the Defendant’s act is highly unfavorable to the Defendant, and the need for punishment is high, and the Defendant compensates the victim of the crime, such as singing, etc. known to the present day, and the leased means of access is only one, and the account of the means of access is only one, and 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.