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(영문) 창원지방법원 통영지원 2017.11.30 2017고단1255
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No person shall transfer or take over any medium access to electronic financial transactions, lend or take over any access medium in return for compensation, or arrange the lending of such medium.

On October 2016, the Defendant listened to the speech that he would give 1 million won in consideration of the lending of the physical card, etc. from the person who was in the name of the Defendant, and sent 1 million won in consideration of the fact, through Kwikset Delivery Officer, a passbook and a physical card connected to the community credit cooperative account in the name of the Defendant on the front of the Dongdaemun-gu apartment apartment in the Gyeongnam-si city, Gyeongnam-gu, Seoul.

Accordingly, the defendant agreed to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Communications data inquiry replys and answer materials to the Saemaul Treasury;

1. Application of Acts and subordinate statutes on a petition;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The act of lending the electronic financial transaction access media to another person on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment can cause damage to many and unspecified persons as it can be used for a crime. In fact, the account connected with the access media leased by the Defendant was used for fraud.

However, it is against the defendant's recognition of the crime of this case, and it seems that the defendant has no profit from this case.

Although the defendant has a record of criminal punishment of fines twice, there is no possibility of criminal punishment for the same crime.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence, circumstances after the crime, etc. shall be determined as ordered by taking into account.

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