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(영문) 대전지방법원 천안지원 2018.07.20 2018고단1124
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall lend any access medium to financial institutions while demanding, demanding or promising the consideration.

On March 15, 2018, the Defendant received a proposal from a person under whose name the name the “B director” was called “B director,” to the effect that he would pay 2,400,000 won in total on the 1st day of lending the e-mail card for three days in order to receive alcoholic beverages.” On March 19, 2018, the Defendant sent one e-mail card connected to the Defendant’s bank account (E) to the Defendant’s account (E) by sending the e-mail at “D branch” located in the south-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, by sending the e-mail card to the Defendant.

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 with regard to F;

1. Provision of financial transaction information;

1. A written inquiry about personal information of customers;

1. Certificates of deposit transactions;

1. A detailed statement of the transfer of Internet banking;

1. A certificate of transfer confirmation;

1. A transportation invoice;

1. Application of Acts and subordinate statutes on a copy of passbook;

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);

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

1. The access media leased by the Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act was used for fraud, and there was a person who suffered damage therefrom.

However, the defendant is against his or her will to recognize his or her mistake.

The defendant does not seem to have obtained any benefit from the crime of this case.

Defendant

Some of the money deposited in the name of the bank account was not actually withdrawn.

The Defendant had no record of punishment prior to the instant case.

In addition to these circumstances, the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and circumstances revealed in the arguments in this case shall be determined as ordered in consideration of the following circumstances.

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