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(영문) 대전지방법원 천안지원 2018.07.06 2018고단478
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall lend any access medium to financial institutions while receiving, demanding or promising to receive compensation.

Nevertheless, on August 2017, the Defendant received a proposal to the effect that “The e-mail card will be lent to the e-mail and will be returned to the e-mail after using the e-mail card for one week,” from a person who was in the name of the end, and then sent the e-mail card to the e-mail bank account (B) and the Nong Bank account (C) through a man who sent the above name in the name of the Defendant to the e-mail factory in the e-mail, and sent the e-mail card to the e-mail bank account in the name of the Defendant and the Nong Bank account (C).

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 against D;

1. Application of Acts and subordinate statutes to an inquiry into the details of financial transactions in the principal, receipts, subscription to membership, applications for deposit transactions, details of deposit transactions, and reports on accidents;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the 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. The crime of transferring or lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not easy in light of the fact that the crime is not only detrimental to the credibility of the safety performance of electronic financial transactions, but also becomes a means to facilitate other crimes. The access medium provided by the Defendant is actually used for the crime, on the other hand, the Defendant confessions and reflects the crime of this case, and the Defendant has no record of punishment for the same kind of crime, and all other circumstances revealed in the record and the change theory of this case are determined as ordered.

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