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(영문) 창원지방법원 통영지원 2017.12.07 2017고단1348
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 one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.

Nevertheless, on June 3, 2017, the Defendant listened to the speech that “the Defendant would pay 2.4 million won if he/she lends 30,000 won to 30,000 won” from a person who referred to as the C Company D team leader, and, on the 5th day of the same month for the purpose of receiving the said money, he/she laid down the cock cards, etc. connected to the post office account (Account Number:F) opened in the name of the Defendant through Kwikset service in the front of the same month.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. G statements;

1. Application of statutes on personal information, such as a copy of deposit confirmation certificate, a certificate of deposit verification, reply to financial transaction information, inquiry into details of financial transactions, and provision of financial information;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which punishment is selected, and the selection of fines;

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

1. The act of lending the electronic financial transaction access media to another person on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment can cause damage to many and unspecified persons as it can be used for a crime. In fact, the account connected with the access media leased by the Defendant was used for fraud.

However, it is against the defendant's recognition of the crime of this case, and it seems that the defendant has no profit from this case.

In addition, on January 7, 2002, the Defendant has no record of criminal punishment except for the past punished by a fine once due to a violation of the Act on the Establishment of Local Reserve Forces.

In addition, the age, sex, environment, and motive, background, means, and means of the crime of the defendant.

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