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(영문) 청주지방법원 충주지원 2018.03.28 2018고정3
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 lease an access medium in return for promising to receive such consideration.

Nevertheless, on May 2017, 2017, the Defendant borrowed a cream card from a person who is not a deceased person on his name and offered to offer KRW 900,000 per day, following the Defendant’s consent:

1. On May 9, 2017, around 13:00, leasing an access medium to a person without his/her name, by notifying him/her of the physical card connected to the accounts of Kwikset through Kwikset Service Articles of Kwikset and promising him/her to receive the price, on the front of the Dakset Group B, Chungcheongnam-gun, Chungcheongnam-gun, 201;

2. On May 12, 2017, around 13:00, at the place indicated in paragraph 1, a notice of the physical card connected to the post office account (D) under the name of the defendant was given through Kwikset service article to notify and receive the price, and then lent a accessible medium to the above person who was not the name of the defendant.

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 on response to financial information and details of banking transactions;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Electronic Financial Transactions Act (excluding punishment) and Article 6 (3) 2 of the same Act (excluding punishment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes against the violation of the Electronic Financial Transactions Act as provided for in paragraph (2) with heavier punishment);

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant promised to pay a certain amount of money and lends the access medium; or (b) the fact that the access medium as such was actually used for crime is disadvantageous to the Defendant.

However, the fact that the defendant recognized all of the crimes in this case, the fact that the defendant has no same criminal history is considered as favorable to the defendant, and other circumstances such as the age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.

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