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(영문) 전주지방법원 2018.08.29 2018고단908
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 November 29, 2017, the Defendant: (a) obtained a call from a person in unsound name who assumes the staff of a liquor company to the effect that “to pay KRW 3 million per month at the face value of a liquor company by leasing the crow card to the effect that he/she would be paid KRW 3 million per month; (b) promised to receive KRW 3 million per month on condition that he/she lends the crow card; and (c) lent the cream card to the Gangnam-gu Seoul Special Metropolitan City Office located in 7, Gangnam-gu, Jinjin-gu, Gangnam-gu, Seoul Special Metropolitan City on the same day on the same day, the Defendant leased the access media by using the cock card and password, etc. connected to the post office account (Account Number: B) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (the result of execution of a warrant of search and inspection);

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 crime of lending or transferring access media under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is disadvantageous to the fact that the crime of lending or transferring such media becomes the means of another crime, such as singing, etc., and that the access media provided by the Defendant was used for the actual crime.

However, it is against the defendant's wrong, taking into account the favorable circumstances that have no same kind of power into account, and taking into account various sentencing conditions, such as the defendant's age, sex, environment, etc., the punishment as ordered shall be determined.

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