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(영문) 수원지방법원 2018.05.15 2017고단8490
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 borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

On July 25, 2017, at around 15:00 on July 25, 2017, the Defendant: (a) provided a copy of a physical card connected to the post office account (Account Number (B) in the name of the Defendant; and (b) provided a loan to the Defendant for a fee of KRW 20-30,000; and (c) lent an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes regarding the details of transactions of deposits and withdrawals;

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 crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order requires a strict punishment against the defendant in that the crime of this case was committed by lending the access media to the defendant in return for a promise to pay the price, and the nature of the crime is not weak, but the access media leased by the defendant was used for the telephone financial fraud crime.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant has no specific history of punishment except for the punishment of fines twice for a long time in 1991, and other various circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the punishment as ordered, shall be determined by taking into account the various circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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