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(영문) 서울남부지방법원 2017.02.03 2016고단5638
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

On September 19, 2016, the Defendant: (a) from a person without a name name to a person in light of 10:00 on September 19, 2016, “B is operating; (b) it is necessary to obtain a physical card due to tax issues; and (c) if he/she lends a physical card, 3.1 million won per month.

“On September 20, 2016, at around 11:00 on September 20, 2016, in the custody of the Defendant’s officetel-type store in Guro-gu Seoul Metropolitan Government, by inserting one copy of the KSB card connected to the account (D) in the name of the Defendant and transmitting it to E.

Accordingly, the defendant loaned the access media for electronic financial transactions in return for the promise of compensation.

Summary of Evidence

1. Partial statement of the defendant;

1. The written statement of the defendant;

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

1. A copy of the F Document;

1. Investigation report (the confirmation of a case in the trial against a suspect) and indictment;

1. Responses to requests for details of financial transactions (personal information, details of transactions, etc.);

1. Application of Acts and subordinate statutes to each case of the results of transfer management;

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (the point of lending access media and the selection of fines);

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The crime of this case is not deemed to be a crime by leasing the medium that can be used for the so-called Bosing crimes or the Internet fraud crimes.

It is less that the case is that the access media such as the physical card lent by the defendant was actually used for the crime of fraud.

Now, there is a record of criminal punishment due to the fact that he/she lent a cash card on September 12, 2016.

The favorable circumstances: A summary indictment was filed against the crime of lending the approaching media conducted around the same time as the instant crime.

The defendant's error is recognized as to the damage of the defendant.

The above circumstances, the background leading up to the Defendant to commit the instant crime, the method and details of the crime, the circumstances after the crime, and other circumstances.

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