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(영문) 광주지방법원 장흥지원 2018.03.22 2017고단259

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 lend any access medium with a promise to pay for the use and management of the access medium, or knowingly lend the access medium with the knowledge that it will be used for a crime or for the purpose of using it.

On April 2017, the Defendant: (a) received a proposal from the Namjin-gun, Namjin-gun prior to the end of April, 2017, that “a loan will be made; (b) if he sent a physical card because of low credit, he will have the transaction performance included and then will have the loan be made; (c) lent the Defendant’s access media connected to the Defendant’s account to his name in an unlawful manner; and (d) stored the transaction performance in the unlawful manner; and (e) submitted it as if it was the Defendant’s normal transaction performance, and subsequently,

On May 2, 2017, the Defendant sent a physical card connected to the agricultural bank account (B) in the name of the Defendant at the military post office of the military branch in the Southern Jinjin-gun, which was located in the military branch of the military branch of the military branch of the military branch of the military branch of the military branch of the military branch of the military.

As a result, the Defendant promised to receive an intangible expected profit to receive a loan and lent the access media to the crime at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the copy and transaction details of the Defendant’s passbook and the statutes governing selective distribution receipts

1. Article 49(4)2, Article 6(3)2 (a) of the Act on Electronic Financial Transactions (a means of lending an access medium that promises consideration) concerning facts constituting an offense, and Articles 49(4)2, and 6(3)3 (a) of the Act on Electronic Financial Transactions (a lease of an access medium for the purpose of crime)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The elements of sentencing under Article 334(1) of the Criminal Procedure Act, and all other records and arguments, including the defendant's age, sex, environment, circumstances before and after the crime, etc., are shown in the grounds for sentencing.