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(영문) 대구지방법원 서부지원 2016.06.24 2016고단375
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium in the course of receiving, demanding or promising the payment for using the access medium used in electronic financial transactions.

Nevertheless, on October 22, 2015, the Defendant received 2 million won per month in return for lending a passbook to a person with no name in front of an elementary school located in the People's Republic of Macheon-si, South Korean Peninsula, and delivered a copy of the physical card linked to the post office account (B) account in the name of the Defendant through Kwikset Service Articles.

In this respect, the defendant promised to pay compensation, and lent the defendant's access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition;

1. Application of the statutes on account transactions with Defendant Post Office

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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only impairing the safety and trust of financial transactions, but also can be abused as a means of other crimes. The access media leased by the Defendant is also used for actual fraud, etc.

However, considering the fact that the defendant is led to the crime of this case, the fact that there is no same record, and the fact that the user could not actually receive the consideration for lending the approaching medium, and other factors, such as the defendant's age, background of the crime, and circumstances after the crime, the punishment as the order shall be determined by taking into account all of the sentencing conditions shown

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