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(영문) 창원지방법원 통영지원 2017.12.13 2017고단1394
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

No person shall lend any access medium while promising to receive a price therefor.

Nevertheless, on November 2016, the Defendant promised to receive 2,50,000 won per head of Tong from a person in an infinite place at the time of the Gyeong-nam-si (hereinafter referred to as the "Seoul Special Metropolitan City"), and opened the physical card and password connected to the account under the name of the Defendant (hereinafter referred to as the "National Bank C") by using the convenience point.

Accordingly, the defendant agreed to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A statement of account transfer;

1. Application of Acts and subordinate statutes to the details of replys to warrants;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the fact that a medium of access leased by the Defendant for the purpose of easily punishing the money was used for a crime; (b) the victim was generated; and (c) the Defendant’s age, sex, environment, motive and circumstance of the crime; and (d) the various conditions for sentencing under Article 51 of the Criminal Act, including the circumstances after the crime, shall be comprehensively taken into account.

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