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(영문) 청주지방법원 2018.10.04 2018고단89
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

No person shall lend an access medium while receiving, demanding or promising to receive compensation in using or managing the access medium.

Nevertheless, around September 26, 2017, the Defendant agreed to receive a loan fee of KRW 100,000 to KRW 3 million per account from a person who was not the deceased in his name in return for the lending of the check from the deceased in his name in order to take advantage of the Defendant’s name and sent a copy of the check connected to the post office account (C) in the name of the Defendant through the Kwikset service article.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition and statement of D or E;

1. Response to financial data;

1. Application of the Acts and subordinate statutes requesting registration and suspension of payment of criminal use accounts;

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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:

The transfer and lending of the access media for electronic financial transactions can be used as a means of other crimes and thus requires strict social measures. In this case, even in this case, it is doubtful that the access media leased by the defendant has been abused for Internet fraud crimes, the defendant has been in absence on the designated date, and there is no criminal punishment record.

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