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(영문) 대전지방법원 홍성지원 2017.05.23 2017고단165

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on December 2016, the Defendant would lend 1.5 million won per 1.5 million won per 1,500,000 won to the Defendant’s name in D’s “D’ restaurant where the Defendant is working in Chungcheongnam-nam Budget C.”

“After receiving and consenting to the proposal, Kwikset Co., Ltd., using Kwikset’s service on the same day, lent one head of the Cock Card connected to the Kwikset’s account (E).

Accordingly, the defendant agreed to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and G;

1. Application of the detailed statement of deposit transactions (F), detailed statement of deposit transactions (G), details of deposit transactions, and details of deposit and withdrawal transactions Acts and subordinate statutes;

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. The act of lending the access media on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, such as the instant crime, can be used for crimes such as singing, etc. In light of the fact that the Defendant actually committed fraud by using the access media, the nature of the crime is not somewhat weak.

However, even though the defendant has committed an offense with an expectation of economic benefits, he/she actually earned the profit by the defendant's confession and reflects his/her mistake.

The circumstances that can be seen have not been confirmed, there has been no record of criminal punishment for the last ten years, and other conditions of sentencing specified in records and changes shall be determined as ordered by taking into account the following factors.