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(영문) 창원지방법원 통영지원 2017.08.24 2017고단677
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium or distribute, keep and deliver any access medium while demanding, demanding, or promising to provide, demand, or promise the compensation.

The defendant was punished by a big amount of money while trading from his name-free persons, but he needs a physical card due to tax issues.

On December 2016, 2016, after receiving the letter "to offer money in return for a loan to Kwikset Card," one copy of the Cock Card linked to the Defendant's corporate bank account (B) was sent to Kwikseter's company's company's company's company account in front of the Sokset Apartment apartment in Mapo-dong.

As a result, the defendant promised to receive 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. Application of the relevant Acts and subordinate statutes to a petition, inquiry about transaction details, search and inspection warrant or reply;

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 same Act, and Article 6 (3) 2 of the same Act, and 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.

Although there is a history of criminal punishment that suspends the execution of a fine for a single time and the execution of a imprisonment for a single time, there is no possibility of criminal punishment for the same crime.

In addition, the age, sex, environment, motive and background of the crime, means and results of the crime, and the circumstances after the crime.

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