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(영문) 대전지방법원 천안지원 2017.09.05 2017고단1607

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any means of access for electronic financial transactions while requiring or promising to receive the price therefor.

Nevertheless, on February 27, 2017, the Defendant received a proposal that “The Defendant would lend a cash card connected to the bank name to the bank account at a fee of KRW 600,000 per day,” and accepted it. On the same day, the Defendant sent the cash card connected to the bank (B) account in the name of the Defendant to the bank (B) account in the name of the Defendant in the vicinity of the Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Skwikkset for a fee.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. A written confirmation of the results of electronic financial transfer;

1. Application of statutes on financial transaction information;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Lending media access to electronic financial transactions can be used as a means of other crimes. In fact, even in this case, the circumstances in which the access media leased by the defendant was used for the crime of fraud: The defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc. are determined as ordered by taking comprehensive account of the following factors: the defendant's age, sexual behavior, environment, motive, means and consequence of the crime.