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(영문) 창원지방법원 2017.10.18 2017고단2518
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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium or distribute, keep and deliver any access medium while demanding, demanding, or promising to provide, demand, or promise the compensation.

Nevertheless, on January 23, 2017, the Defendant offered a proposal to offer KRW 2.5 million if he/she lent the account and access media from a person without his/her name to a third party. On the same day, around 14:00 of the window B 101 of Changwon-si's residence, the Defendant issued the check card and its password to a third party using Kwikset's service.

Accordingly, the defendant promised to receive compensation, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Account transactions (A);

1. Application of Acts and subordinate statutes to report internal investigation (Submission of a certificate of confirmation of transfer by a victim);

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. The access media leased by the Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act was used for the crime of telephone financing fraud, and the damage seems not to have been recovered.

On the other hand, the defendant recognized the crime of this case, and is the first offender.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances in the records and arguments, such as the age, sex, environment, background and motive of the crime, circumstances after the crime, etc.

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