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(영문) 청주지방법원 영동지원 2018.11.15 2018고단137

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in using or managing the access medium of electronic financial transactions.

Nevertheless, on March 12, 2018, the Defendant promised to receive KRW 3 million in return for the lease of the check on the front of the apartment house B, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant borrowed a medium of access to electronic financial transactions by sending a physical card connected to the post office account under the name of the Defendant to the Kwikset service engineer who sent the above non-indicted and informing him of the password in D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. F banks and post offices trading details, and the application of statutes on financial transaction specifications;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

3. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Any unfavorable circumstance] The lending of an access medium for electronic financial transactions, such as the instant crime, can be used as a means of other crimes, and the nature of the crime is not somewhat weak.

In fact, the access media lent by the defendant was used for other crimes, resulting in damage.

[ favorable circumstances] The Defendant was committed by committing the instant crime, and his mistake is divided.

The crime of this case was committed once, and the defendant seems to have no profit derived therefrom, and it does not appear that he directly participated in other crimes than the crime of this case.

The defendant has no record of the same kind of crime, and there is no record of punishment heavier than a fine in the case of a double crime.

In addition, all the factors of sentencing, such as the defendant's age and reputation, character and health status, environment and family relationship, and circumstances after the crime, etc., are shown in the trial process of this case.