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(영문) 춘천지방법원 영월지원 2017.04.21 2017고단87
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 expressly provided for in other Acts, no person shall lend any access medium with the receipt, request or promise of compensation.

Nevertheless, on October 25, 2016, the Defendant would lend 3 million won to a third party only by telephone from a person who has no name to a third party.

“In hearing the word “,” and promising to lend the e-mail card between the person without his name and receive KRW 3 million per month. On the same day, he lent the e-mail card connected to the e-mail account (C) to the taxi engineer who sent the name in front of the Defendant’s office located in the B apartment No. 108 Dong-805 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of D;

1. A written confirmation of the results of electronic financial transfer;

1. Search and seizure inspection warrant and reply;

1. Application of one copy of the photograph of the material submitted by the person under consideration;

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 is a case where the defendant receives a consideration and lends a medium of access to electronic financial transactions, which may infringe on the safety and reliability of electronic financial transactions as well as social criticism as it may be abused as a means of crime, such as telephone financial company, singing, etc., and the defendant's transfer of access media actually used for secondary crimes is disadvantageous to the defendant.

However, the defendant recognized the crime of this case and reflects his mistake, there is no benefit acquired by the defendant due to the crime of this case, the defendant has no record of punishment for the same crime, and the age, sex, environment of the defendant.

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