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(영문) 광주지방법원 장흥지원 2018.05.31 2018고단40
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall lend any access medium with a promise to pay for the use and management of the access medium, or knowingly lend the access medium with the knowledge that it will be used for a crime or used for a crime.

On November 2017, the Defendant: (a) borrowed a accessible medium connected to the Defendant’s account to a person in a false name, and (b) submitted it as data that is the Defendant’s normal transaction performance; and (c) accepted the fraud of receiving credit loans by submitting it as if it was the Defendant’s normal transaction performance; (d) borrowed the accessible medium connected to the Defendant’s account to a person in a false name; and (e) subsequently, submitted it as if it was the Defendant’s normal transaction performance.

On November 29, 2017, the Defendant sent a physical card, linked to the post office bank account (C) in the name of the Defendant, to the above-mentioned person via Kwikset Services.

In this regard, this was replaced.

As a result, the Defendant promised to receive an intangible expected profit to receive a loan and lent the access media to the crime at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of D and E;

1. Article 49(4)2, Article 6(3)2 (a) of the Act on Electronic Financial Transactions (a means of lending an access medium that promises consideration) concerning facts constituting an offense, and Articles 49(4)2, and 6(3)3 (a) of the Act on Electronic Financial Transactions (a lease of an access medium for the purpose of crime)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. In full view of the elements of sentencing under Article 334(1) of the Criminal Procedure Act as well as the elements of sentencing under the grounds for sentencing, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sexual conduct, environment, circumstances before and after the crime, and circumstances before and after the crime, the punishment is determined as ordered.

The elements of sentencing are favorable: the defendant.

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