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(영문) 춘천지방법원 영월지원 2018.03.20 2017고단565
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 lease any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, on July 2017, the Defendant would lend a physical card from a person who has no name to his/her name.

“On the receipt of text messages, “A” sent a physical card in contact with a name in order to lend it to another person, and then sent on August 15, 2017, a copy of the physical card connected to the post office account (B) account in the name of the Defendant in front of the conversation box in the front of the speech box in the parallel of Gangwon-gu, Gangwon-do.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each petition, each trade statement, each Kakao Stockholm dialogue, and each transfer details;

1. Application of statutes on response to financial information from a post office account;

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 order is based on a comprehensive consideration of all the conditions of sentencing as shown in the records, such as the following circumstances: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act recognizes the instant crime; (b) the fact that the Defendant has no record of punishment exceeding a fine; (c) the instant crime is a case where the Defendant was given compensation and lent access media used for electronic financial transactions; (d) not only infringes on the safety and reliability of electronic financial transactions but also may be abused as a means of crime, such as telephone financial company, scam, etc.; and (e) the Defendant’s leased access media has been actually used for a secondary crime; and (e) other unfavorable circumstances such as the Defendant’s age, sexual behavior, environment, motive and background of the crime, means and method of the crime; and (e) circumstances after the crime.

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