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(영문) 수원지방법원 2017.12.12 2017고단5984
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No one shall lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, around October 2016, the Defendant agreed to receive user fees of KRW 600,00 through KRW 700,000 from the Defendant’s office near the D Station located in Heung-gu, Young-si, Young-si, to receive user fees of KRW 600,00,00 from the person whose name is unknown, and sent a physical card, which is an access medium to the deposit account (Account Number: E), in the name of the Defendant, to the person whose name is unknown by using a selective distribution engineer, and notified him of the password, etc.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of statutes, such as an application for opening an 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 Act on Electronic Financial Transactions through which punishment is selected, and the selection of fines;

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

1. The crime of lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a means to facilitate other crimes committed against many unspecified persons, such as Bosing, etc., and the Defendant’s access medium was actually used in committing a loan fraud, under unfavorable circumstances, the Defendant committed a crime with an expectation of economic benefits, but the actual benefit was gained.

Considering the fact that the circumstances are not confirmed and that the health of the defendant is not good due to the light of alcohol, etc. and that the economic situation seems to be very poor, the sentence like the order shall be imposed by comprehensively taking into account the following factors: the defendant’s age, sexual behavior, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc.

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