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(영문) 광주지방법원 순천지원 2017.12.21 2017고단1609
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or take over any access medium used in electronic financial transactions, receive or lease any access medium or lend such medium for any purpose of using it for a crime, or lend or lend any access medium with the knowledge that it will be used for a crime, in connection with the use or management of such medium.

Nevertheless, the Defendant, who borrowed an account from a person with no name, used it for a month, and offered a proposal to offer KRW 3 million per account in return for the lending.

On May 29, 2017, the Defendant received KRW 600,000,000 per account, in total, from 3 million per account, around 43,000,000,000,000 from 1,000,000,000,000 to 43,000,000,000,000,000,000,000,000,000,000,000,0000,000,0000,000,0000,

Accordingly, the defendant promised to receive the price and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Statement of separate accounts;

1. Details of transactions of deposits and withdrawals;

1. Application of the statutes on the copies of letters, photographs and passbooks;

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 Competition;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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