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(영문) 대구지방법원 서부지원 2016.06.24 2016고단597
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 any other Act, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise the consideration in using or managing any access medium of electronic financial transactions.

Nevertheless, around 15:00 on April 27, 2015, the Defendant, in front of the door, “di and teke Co., Ltd., Ltd.,” located in Geum-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Pyeong-gun, the Defendant: (a) received KRW 2 million in return for lending an account from a person who is not his/her name; and (b) lent the electronic financial transaction access media to the Defendant’s name-based bank account (B) through Kwikset-kwikset service to send and receive payment from the person who is not his/her name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the detailed statement of transfer of damaged money, warrant replys- details of financial transactions Acts and subordinate statutes;

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) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only impairing the safety and trust of financial transactions, but also can be abused as a means of other crimes. The access media transferred by the defendant is also used for actual fraud (in fact, it does not seem that money has not been withdrawn).

However, in light of the fact that the defendant led to the crime of this case, there is no same record, and the fact that it seems that the user could not actually receive the consideration for lending the access media, and other factors of sentencing specified in the arguments of this case, such as the defendant's age, background of the crime and circumstances after the crime, the punishment shall be determined as ordered.

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