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(영문) 대구지방법원 김천지원 2017.11.28 2017고정516
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall lend any medium access to electronic financial transactions while receiving, demanding or promising such consideration.

Nevertheless, the defendant is an advertising shopping mall around June 8, 2017.

It is intended to use the sales account as a distributed account.

The amount of KRW 3 million per month, KRW 6.5 million per two, and KRW 10 million per three shall be paid in advance every month.

“On receipt of the text message, at C convenience points located in Gumi-si B on the 9th day of the same month, sent to a person whose name is not known by Kwikset through Kwikset’s service, one passbook and e-mail card connected to the account (Account Number D) of the Defendant’s name, one passbook connected to the Defendant’s corporate bank account (Account Number E).

was issued.

Accordingly, the Defendant lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes governing certificates of deposit transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, lent a accessible medium connected to two accounts of the Defendant as pecuniary consideration.

The above-mentioned access media leased by the defendant was actually used for each of the fraudulent crimes committed by the known persons.

However, the defendant is against his gender.

Defendant has no record of criminal punishment for the same crime.

The defendant has no substantial interest in the crime of this case.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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