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(영문) 대전지방법원 천안지원 2018.04.27 2018고단163
전자금융거래법위반
Text

Defendant shall be punished by a fine of three 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 November 28, 2016, the Defendant received a proposal from a person under the name named “C Company D’s Act on behalf of the Defendant” to the effect that “The Defendant will offer a 2,500,000 won per account at the time of lending a e-mail card for the purpose of paying liquor bills by means of telephone call and Kakao Stockholm, etc.” on November 28, 2016. On November 28, 2016, the Defendant sent one e-mail card connected to the post office account (F) in the name of the Defendant to the above e-mail in the name of the Defendant by delivering the e-mail article around 14:00 on November 28, 2016.

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 of the police statement related to G;

1. A investigation report (attaching conversation submitted by a title holder A to a post office account) (Attachment to the Kakao Stockholm dialogue);

1. A written inquiry about the details of financial transfer transactions;

1. Application of Acts and subordinate statutes of Chapter 2, such as one copy of H’s pagebook, one copy of C Company’s text photograph, one copy of D Agency’s photograph, 17 Kakakao Stockholm photograph, and one copy of a post office photograph;

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 Article 334(1) of the Criminal Procedure Act was used to commit fraud, causing damage.

However, it does not seem that the defendant obtained profits from the crime of this case.

In addition, the defendant is against his will to recognize his mistake, and there is no history of criminal punishment prior to this 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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