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(영문) 대전지방법원 천안지원 2018.10.25 2018고단1894
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

No person shall lend any medium access to electronic financial transactions while receiving, demanding or promising such consideration.

Nevertheless, on April 2018, the Defendant: (a) received a proposal from an unexploitious person to “C” in front of the Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu; and (b) received a proposal from Kwikset to the effect that “on the face of lending physical cards, he will do so with bit bitco in return for the lending of the physical cards; and (c) sent a copy of the physical card connected to the deposit account in the name of the Defendant using Kwikset’s Kwikset’s services to the above unexploited person.

As a result, the Defendant promised to pay for, lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

1. A petition and a detailed statement of deposit transactions;

1. Data on replies;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements at places of crime);

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 of the Provisional Payment Order: Lending media access to electronic financial transactions need to be strictly punished as a means of other crimes. In reality, even in this case, the circumstances in which the access media leased by the defendant was used for the crime of fraud are recognized and reflected: the defendant's age, sex, environment, motive, means and consequence of the crime; and the defendant's age, sex, motive, means and consequence of the crime are determined by taking comprehensive account of the circumstances before and after the crime.

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