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(영문) 청주지방법원 영동지원 2017.09.14 2017고단73
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 other Act, no one shall lend any access medium with the promise to receive any consideration in making a transaction instruction in electronic financial transactions or using and managing any access medium used to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, on the condition that the defendant receives KRW 2 million from a person in the name of the deceased, the defendant borrowed a physical card under the name of the defendant, and around 14:00 on February 24, 2017, in front of the Gas Technology Corporation located in Chungcheongnam-dong, Chungcheongnam-do, the defendant sent the above Chapter to the Saemaul Treasury Account (Account Number (Account Number: B) connected to the name of the defendant in front of the Gas Technology Corporation in the name of the defendant.

Accordingly, the defendant promised to receive the price, and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of transactions by account and application of Acts and subordinate statutes on an application for deposit transactions;

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);

2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

3. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is that the lending of the access medium for electronic financial transactions can be used as a means of other crimes, such as the instant crime, and the nature of such crime is not easy.

In fact, the access media lent by the defendant was used for other crimes, resulting in damage.

On the other hand, on the other hand, the defendant was committing the crime of this case and his mistake is divided.

The crime of this case was committed once, and the defendant seems to have no profit derived therefrom, and it does not appear that he directly participated in other crimes than the crime of this case.

The crime of this case is committed while the defendant is economically difficult.

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