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(영문) 춘천지방법원 영월지원 2018.09.11 2018고단262
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

On March 3, 2018, the Defendant received a letter from a person who assumes a false name called “B” to the effect that he/she would lend money to the head of the Tong or the e-mail card from his/her nameless person, and calls with the relevant number to the nameless person, and then will offer 1.5 million won per three days if he/she lends the e-mail card from his/her nameless person.

" Upon receipt of the proposal, " around 18:00 on March 8, 2018, to a taxi engineer who sent his/her name in front of the defendant's home located in Thai City C and 2 Dong, the cash card of the credit cooperative account (D) in the name of the defendant was put in the stuff and packed in the stuff.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Application of Acts and subordinate statutes on lists of transactions by account;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act recognizes the instant crime, and the defendant has no record of punishment for the same kind of crime, the instant crime is a favorable circumstance where the defendant receives compensation and lends access media used for electronic financial transactions, which may infringe on the safety and reliability of electronic financial transactions, and may infringe on the security and social criticism as well as may be abused as a means of crime, such as telephone financial company, scam, etc., and the fact that the access media leased by the defendant was actually used for secondary crimes, and other unfavorable circumstances such as the defendant's character, character, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., shall be determined as ordered by taking into comprehensive account all the factors of sentencing as shown in the records.

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