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(영문) 광주지방법원 장흥지원 2018.08.30 2018고단75
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 access medium with a promise to pay for the use and management of the access medium, or lend any access medium with the knowledge that it will be used for a crime.

On November 21, 2017, the Defendant sent to the Gangnam-gu Seoul Special Metropolitan City, Gangnam-gu, Seoul Special Metropolitan City on November 21, 2017, Hawk-gu, the Defendant, who misrepresented the SBI Savings Bank staff, to transfer the existing KRW 6 million to the new passbook.

In other words, after hearing the word ", suspected of being used in the crime," and at the strongest post office located 7 times in the south of the Jinjin-Eup, the head of the physical card connected to the National Bank Account (B) in the name of the defendant for the purpose of obtaining a loan, sent the card to the above person without the name of the defendant.

As a result, the Defendant promised to receive an intangible expected profit to receive a loan and lent an access medium with the knowledge that it will be used for crime at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes concerning financial transactions in the principal;

1. Article 49(4)2, Article 6(3)2 (a) of the Act on Electronic Financial Transactions (a means of lending an access medium that promises consideration) concerning facts constituting an offense, and Articles 49(4)2, and 6(3)3 (a) of the Act on Electronic Financial Transactions (a lease of an access medium for the purpose of crime)

1. Articles 40 and 50 of the Criminal Act concerning the commercial concurrent crimes (a punishment imposed on a crime of violating the Electronic Financial Transactions Act concerning lending a medium of access to heavy criminal purposes);

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. In full view of the elements of sentencing under Article 334(1) of the Criminal Procedure Act as well as the elements of sentencing under the grounds for sentencing, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sexual conduct, environment, circumstances before and after the crime, and circumstances before and after the crime, the punishment is determined as ordered.

The elements of favorable sentencing: the defendant himself.

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