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(영문) 청주지방법원 2018.04.18 2017고단2280
전자금융거래법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend any access medium with the receipt, request or promise of compensation.

On April 2017, the Defendant: (a) made telephone conversations with the name in the Defendant’s residence located in Chungcheongnam-si, Cheongju-si; (b) promised to lend the passbook and e-mail card connected to the account under the Defendant’s name under the condition that the Defendant receives KRW 3 million per month; (c) on May 2, 2017, at the parking lot of the “Haee-si, Cheonge-si, Cheong-si, Cheong-si,” located in the “Hae-si, Cheong-si, Cheong-si, Cheong-si, Cheong-si, Cheong-si, Cheong-si, Ma-si, Makset-si (C).

As a result, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Act and subordinate statutes to investigation reports (providing financial transaction information in our banks);

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: It is necessary to strictly punish the lending of the access medium for electronic financial transactions as a means of other crimes. In fact, the circumstances favorable to the defendant's lending of this case that the victim suffered damage only 23 million won due to the act of lending of this case: the confession of the facts of the crime and the reflects his mistake; the first offender; the defendant has no profit from the crime of this case; the defendant has no profit from the crime of this case; the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, the circumstances before and after the crime of this case, etc. shall be determined as per the order.

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