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(영문) 전주지방법원 2017.05.19 2017고단414
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend any medium access to electronic financial transactions while receiving, demanding or promising such consideration.

Nevertheless, the Defendant received a proposal from a person under his/her name who lends a passbook of 10 to 200,000 won per week, and around July 2016, the Defendant borrowed the accessible Media by receiving the price and receiving 1,60,000 won from the Defendant’s name-free and access media, which is an access medium connected to the agricultural bank account under the name of the Defendant, in front of the Dong-gu, Busan Metropolitan City, Seoyang-gu, Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D, E, F, G, H, I, J, K, L, and M;

1. Application of Acts and subordinate statutes on transaction details;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions (a point of lending an access medium) applicable to the facts constituting an offense;

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Electronic Financial Transactions by Access Media);

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. Under Article 334(1) of the Criminal Procedure Act, the act of transferring or lending to another person electronic financial transaction access media may cause damage to many and unspecified persons because it can be used for fraud crimes, such as Bosing, etc. In fact, the account of access media lent by the Defendant was used for fraud, and the Defendant committed the instant crime during the period of repeated offense.

The favorable circumstances include the fact that the defendant recognizes all of the crimes of this case, and that the defendant has no record of criminal punishment for the same crime.

In addition to the above circumstances and the following circumstances, the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by comprehensively taking account of the various sentencing conditions under Article 51 of the Criminal Act as stated in the records of the instant case.

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