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(영문) 청주지방법원 제천지원 2017.10.12 2017고단246
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No person shall lend or lend any access medium while receiving, demanding or promising compensation therefor.

Nevertheless, the Defendant agreed to receive KRW 1,00,000 in return for lending the check card under the name of the Defendant from a person in the name of the Defendant. On June 15, 2017, around 16:00, the Defendant lent the access media with a promise to provide the Defendant’s name-based check and the check number to a person in the name of the national bank C account in the name of the Defendant and the check number of the new bank D account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of one copy of a detailed statement of electronic financial counterpart account, copy of passbook, and details of account transactions with a new bank under the name of the defendant, and national bank;

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 Concurrent Crimes (a punishment imposed on a violation of the Electronic Financial Transactions Act due to lending of a national bank with a heavier penalty);

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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:

The fact that two copies of the access media have been leased, that one of the leased access media has been used for the crime of fraud (phishing), that has been used for another illegal purpose, that has been led to confessions and reflects that it appears to have been used for another illegal purpose, that there is no benefit acquired by the defendant, and that there is no criminal history.

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