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(영문) 서울중앙지방법원 2018.07.27 2018고단685
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

around December 12, 2016, at the 294 ridge-dong, Seoul Special Metropolitan City, at the Gun branch of Nonghyup Bank, and at the Gun branch of Nonghyup Bank, the defendant was living together with C, who was the defendant's blind village.

D) Upon receipt of a proposal from the Defendant to make an account in the name of a corporation created under the name of the Defendant, the Defendant opened an account in the name of the Agricultural Bank (F) under the name of the Defendant, and transferred to D access media for electronic financial transactions, such as cash cards, OTP cards, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police interrogation protocol to the accused;

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of lending an access medium for electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment as it may undermine the safety and reliability of electronic financial transactions and use it as a means of other crimes.

However, the defendant's repeated request made by using the friendly relationship between the defendant and his/her living woman was caused to the crime of this case, there are extenuating circumstances in light of the circumstances, the access media from his/her own loan seems to have been provided for the crime of Bosing or online gambling, etc., the defendant's mistake is recognized in entirety, the fact that the defendant's mistake is recognized, the first offender who has no criminal history is considered as favorable to the defendant, and the defendant's age, sex behavior, environment, family relationship, and the circumstances leading to the crime, etc. shall be determined as ordered by the order, taking into consideration all the sentencing conditions specified in the arguments of this case.

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