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(영문) 의정부지방법원 2017.05.12 2017고단721
전자금융거래법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium used for electronic financial transactions, or store, deliver or distribute such medium in return for payment, request or promise.

Nevertheless, on November 2016, the Defendant would lend the account from a person who was in the name of the first police officer to a third million won per account when he borrowed the account.

“After accepting the proposal, I accepted it, and around that time, I transferred to Kwikset service articles the physical card of his name’s bank account (E) from his name-free Kwikset service articles, and the password was known to the name-free person by telephone.

Accordingly, the defendant agreed to receive the price and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of F’s authentic statutes;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. In light of the fact that the defendant's reasons for sentencing of Article 334 (1) of the Criminal Procedure Act in the order of provisional payment are expected to expect monetary consideration and the access media that lent to a person who has no name is a serious social problem, there is a need to punish the defendant strictly in light of the fact that the defendant actually used for the criminal act of licensing fraud.

However, in full view of the various circumstances, such as the confession of the Defendant to the instant crime, the fact that there is no record of punishment that the Defendant was punished for the same kind of crime and that there was no punishment exceeding the fine, and the age, sexual conduct, the process and motive leading to the instant crime, the circumstances before and after the instant crime, etc., and the conditions for sentencing specified in the records and arguments, the punishment as ordered shall be determined.

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