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(영문) 창원지방법원 통영지원 2017.06.15 2017고단392
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 one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.

Nevertheless, on December 2, 2016, the Defendant heard the speech that “If 30,000 won is lent, 4,800,000 won shall be given to the Defendant’s post office account (B) through registered mail to receive the said KRW 4,80,000,000, the Defendant lent the access media while promising compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. C’s statement;

1. Application of Acts and subordinate statutes to calendars in a body and financial reply data;

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);

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

1. The act of lending the electronic financial transaction access media to another person on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment can cause damage to many and unspecified persons as it can be used for a crime. In fact, the account connected with the access media leased by the Defendant was used for fraud.

However, it is against the defendant's recognition of the crime of this case, and it seems that the defendant has no profit from this case.

And the defendant has no record of criminal punishment.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence, circumstances after the crime, etc. shall be determined as ordered by taking into account.

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