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(영문) 청주지방법원 2018.05.16 2017고단2855
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

No person shall transfer or take over any access medium in using or managing the access medium.

Nevertheless, Defendant 1, on the advertisement, called “loan without credit relationship”, sent a 1.5 million won on the condition that Defendant 1 communicates the nameless person via Kakao Stockholm messages to transfer one head of Tong. On May 2017, Defendant 1 sent a new bank account (B) in the name of the Defendant to the deceased in the name of the deceased on the road near the Cheongju-ro bus terminal located in Cheongju-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongdong-gu, Cheongdong-ro, Cheongdong-gu, Cheongdong-gu, and a physical card connected to the said account.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. (A) Application of Acts and subordinate statutes to transaction details;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (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 of the Provisional Payment Order: Lending media access to electronic financial transactions need to be strictly punished as a means of other crimes. In fact, the circumstances in which the defendant suffered damage due to the lending of this case by the defendant are presumed to have led to confession of the facts of the crime and reflect his mistake: the first offender is the fact that 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 conduct, environment, motive, means and consequence of the crime, etc. shall be determined as ordered by the order, comprehensively taking into account the following circumstances.

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