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(영문) 창원지방법원 통영지원 2017.08.09 2017고단515
전자금융거래법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

In using and managing access media used in electronic financial transactions, no one may lend access media with the promise of compensation, except as otherwise expressly provided for in other Acts. However, on November 2016, the Defendant listened to the speech that he/she lends the account to be used in “sports soil” from a person in the name of the end of the year to the account to be used in “sports soil,” and lent the access media to Kwikset Service employees who sent name-free winners to the employees of Kwikset Service, who agreed to pay for cash cards, which are the access media to the account (B) of the Defendant’s name, in return for the promise of compensation for the said cash cards.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Responses to the execution of each seizure warrant;

1. Application of Acts and subordinate statutes concerning the content of a petition, transfer statement, text, and Kakao Stockholm dialogue;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in the occurrence of the victim by using the access media that the defendant lent for the purpose of easily punishing the money for the crime of Bosing. On the other hand, the defendant agreed with the victim of the crime of drinking (the defendant shall pay the damaged amount to KRW 5 million up to the day he decided to pay the damaged amount to KRW 220,000), the defendant appears to be against the recognition of the crime of this case, the fact that there was no record of criminal punishment within 10 years, and other sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex behavior, environment, motive and background of the crime, circumstances after the crime, etc., shall be determined as per the order.

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