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(영문) 대구지방법원 2017.08.11 2017고단3443
전자금융거래법위반등
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer any access medium or lend any access medium with the receipt of, demand for, or promise to provide compensation for the use and management of the access medium.

Nevertheless, at around 11:56 on February 23, 2017, the Defendant: (a) placed in front of the 102 dong-dong, Daegu Northern-gu Eup, Daegu-gu, Incheon-dong 102-dong, the Defendant offered a proposal to the effect that “The Defendant would pay for 10% of the amount deposited in the Jeju-si account by lending the head of the Tong to be used for the opening and withdrawing of the gambling fund” from the nameless person who operates the illegal sports earth and sand in China. Upon receipt of the proposal, the Defendant sent the physical card and password, etc. of the Saemaul Treasury Account (B) in the name of the Defendant through the Kwikset Service Articles.

Accordingly, the defendant loaned the access media to others in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to C by the police in the protocol; and

1. Application of the relevant Acts and subordinate statutes to the details of each account transaction and each application for opening a bank account;

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. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are as follows: (a) the Defendant’s leased account was used for the singing crime; and (b) the Defendant used 5 million won deposited in the account; (c) however, the Defendant returned 5 million won used by the Defendant to the singing victim; (d) the Defendant’s lent account was only one; (e) the Defendant’s lending account was only one; and (e) the Defendant was not subject to criminal punishment; and (e) the Defendant did not have any other conditions for sentencing favorable to the Defendant, such as the Defendant’s age, sexual behavior; and (e) the Defendant’s age, and the circumstances after the commission of the crime.

Parts of innocence

1. On February 24, 2017, the Defendant loaned the victim’s name to an infinite victim as stated in the above facts constituting a crime.

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