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(영문) 전주지방법원 2016.06.16 2016고단483
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 Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising to receive, demand or promise any compensation.

On September 2015, the Defendant received the text message “10,000 won per day of lending a passbook” from a person who was missing in the name of the police officer, and then sent the phone to the person designated by the person who was in the name of the deceased in the name of the head of the Tong, with the proposal that “10,000 won per day of lending an account to be used at the Internet gambling site,” and around 09:00 of the same month, the Defendant issued the check card in the name of the Defendant’s bank account (B), and the password to the person who was designated by the person who was in the name of the deceased in the name of the head of the Tong.”

Accordingly, the defendant lent the access media in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect by the prosecution against C or D;

1. Copies of police statements made to E or F;

1. Application of a copy of police seizure protocol to statutes;

1. Relevant provisions of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. On the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the act of transferring an electronic financial transaction access medium to another person may cause damage to many and unspecified persons as it can be used for fraud crimes, such as Bosing, and the account of the access medium lent by the Defendant was used for fraud, thereby causing damage.

However, the defendant's mistake and reflects the fact that the defendant has no record of punishment for the same kind of crime, and the defendant's age, sex, environment, details and contents of the crime, and other various conditions of sentencing as shown in the arguments shall be determined as ordered by considering the following factors.

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