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(영문) 청주지방법원 영동지원 2018.06.21 2018고단49
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

No person shall borrow or lend any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in using or managing the access medium of electronic financial transactions.

Nevertheless, on January 11, 2018, the Defendant promised to receive KRW 1,00,00 in return for the lending of bank accounts from the needy on the platform in front of the Dong-dong, Young-dong, Young-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, and promised to lend to Kwikset service articles a physical card connected to the accounts of the Saemaul Bank in the name of the Defendant (B).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on the certificate of transfer confirmation attached to a report on internal investigation;

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);

2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

3. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Any unfavorable circumstance] The lending of an access medium for electronic financial transactions, such as the instant crime, can be used as a means of other crimes, and the nature of the crime is not somewhat weak.

In fact, the access media lent by the defendant was used for other crimes, resulting in damage.

[ favorable circumstances] The Defendant was committed by committing the instant crime, and his mistake is divided.

The crime of this case was committed once, and the defendant seems to have no profit derived therefrom, and it does not appear that he directly participated in other crimes than the crime of this case.

After a defendant was sentenced to a suspended sentence of imprisonment without prison labor for a crime of foreign race in 199, he/she has no record of criminal punishment for a crime of foreign race.

In addition, all the factors of sentencing, such as the defendant's age and reputation, character and health status, environment and family relationship, and circumstances after the crime, etc., are shown in the trial process of this case.

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