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(영문) 대구지방법원 2016.01.21 2015고단5432
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

On July 2015, 2015, the Defendant accepted the proposal that “The Defendant gave three million won to a person who borrowed a cash card,” from his name in the Dong-gu, Daegu-gu, Daegu-gu, 550, the Defendant sent one cash card connected to the account of the National Bank (B) in the name of the Defendant, via Kwikset Service Articles.”

Accordingly, the defendant lent the electronic financial transaction access media in return for the promise.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on account transactions with national banks;

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. In the event that an electronic financial access medium, such as a passbook, is lent to another person for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the crime such as singing, etc. is abused and the social harm resulting therefrom is high.

However, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the Defendant’s mistake and reflects the Defendant’s mistake; the primary offender; the motive, background, means and methods of the crime in this case; the circumstances before and after the crime in this case; and the age, sex, career, environment, etc. of the Defendant as shown in the argument in this case.

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