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(영문) 대구지방법원 2018.02.09 2017고단7165
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no one shall lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

On June 15, 2017, the Defendant would pay KRW 5-100,00 per day from a person who was aware of through a job-seeking site on June 15, 201 to a person who is not a name.

“After receipt of the proposal “,” and thereafter, on the 22th day of the same month, at the 1st floor of the Dong-gu High Bus Terminal located in Daegu-gu, Daegu-gu, one copy of the Cze Card connected to the new bank account (Account Number: B) in the name of the Defendant was lent to the non-party in the name of the defendant.

Accordingly, the defendant lent the access media in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the police statement made to C (a copy);

1. Application of Acts and subordinate statutes on details of transfer of money from damage and details of transactions;

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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is likely to harm the safety and trust of financial transaction, and may be abused as a means of other crimes, and it is necessary to strictly punish the Defendant in light of the fact that the Cze Card lent by the Defendant was used for actual fraud.

However, the circumstances favorable to the fact that the defendant's mistake reflects the defendant, and there is no record of criminal punishment, and that the defendant's actual profit is expected to result in the crime of this case.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act shall be comprehensively determined as per the disposition.

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