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(영문) 대전지방법원 논산지원 2016.09.09 2015고단467
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 any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on July 2014, the Defendant sent his name in a gold-speed bus terminal located in 973, Seosan-si, Seosan-si, Seosan-si, 2014, to the extent that the Defendant leased the passbook to the head of the Tong, 2 million won per week.

“To report text messages to the effect that “,” and to use the passbook and cash card connected to the post office account (B) in the name of the Defendant, the passbook and cash card sent to the above high-speed terminal bus trucking freight, and then sent it to the person who was named.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on response to financial transactions;

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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order can be abused as a means of other crimes as well as impairing the safety and trust of financial transactions. In light of the fact that the passbook and card leased by the Defendant was used for actual fraud, the Defendant cannot be exempted from the corresponding punishment.

However, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant is the primary offender, the age, environment, circumstances of the crime, and the result of the crime.

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