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(영문) 의정부지방법원 고양지원 2015.10.23 2015고정1088

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 may transfer the means of electronic financial transactions in the use and management thereof.

Nevertheless, the defendant, on April 16, 2015, borrowed the passbook from his/her name-free person for a period of one month through a telephone advertisement from his/her name-free person, at least four million won.

Upon receipt of the proposal called "," accepted it, and transferred the physical card of the national bank account (Account Number B) in the name of the defendant to Kwikseter in the Home Packer road located in Guro-gu Seoul Metropolitan City, Guro-gu to Kwikseter.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of the Acts and subordinate statutes governing the details of transactions of financial information;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 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. In light of the damage caused by telephone financial fraud in sentencing of Article 334(1) of the Criminal Procedure Act, the sentence like the order shall be determined by comprehensively taking into account the following factors: (a) it is necessary to punish the lending of the same account as this case providing a fundamental cause; (b) the Defendant committed the instant crime during the period of suspension of execution due to property crime; (c) the Defendant immediately reported the division of passbook with the knowledge that the account was used in telephone financial fraud; and (d) the amount of fine, the Defendant’s age, character and conduct, family relation, criminal records, the process of the instant case, and the following process.