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(영문) 창원지방법원 2017.08.09 2017고단1505
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium, or borrow or lease any access medium, or store, deliver or distribute any access medium in return for a demand or promise to receive any access medium.

Nevertheless, on January 2017, the Defendant received a written message from an unknown person to recruit home workers at a place where it is unknown, and then sent a physical card to the above person without his/her name via a telephone call, he/she would give KRW 1.5 million per month.

In response to the defect, the above person's name was lent 1.5 million won per month to the above person, and the person was promised to receive 1.5 million won per month in return, and one physical card connected to the national bank account (Account Number D) opened in the name of the defendant within the convenience store in Kimhae-si, and one physical card connected to the Busan bank account (Account Number: E) was sent to the above person in the name of the defendant through telephone communications. The above physical card was notified to the above person in the name of the password.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement;

1. Application of Acts and subordinate statutes governing deposit verification;

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

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. The access media leased by the Defendant for the reason of sentencing Article 334(1) of the Criminal Procedure Act was used for fraud.

On the other hand, the defendant was the first offender, and agreed with the victims of the above fraud crime.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the number of the leased media, age, sex, environment, the process, motive, means and consequence of the crime, circumstances after the crime, etc., and various conditions of sentencing as shown in the proceedings and arguments.

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