(영문) 서울동부지방법원 2017.10.31 2017고정1207

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(영문) 서울동부지방법원 2017.10.31 2017고정1207

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall lend a medium with respect to the use or management of access media under the Electronic Financial Transactions Act.

Nevertheless, on April 10, 2017, the Defendant listened to the statement that the Defendant would lend a passbook and a check card from a person who is not in the name of the Defendant, and then lent the access media by promising the Defendant to receive compensation by using four passbooks and cash cards, such as the Defendant’s name bank account (D), corporate bank account (E), national bank account (F), and new bank account (G) around April 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, J, and K;

1. Lritten statements;

1. A petition and a statement of transactions, a certificate of confirmation of transfer of Internet banking, a written confirmation of transfer of financial transaction data, and the application of Acts and subordinate statutes on receipts;

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. The crime of this case on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of the Nowon-gu Station shall not only harm the trust and safety of financial transactions, but also allow the access media leased from the crime to be used for various criminal acts. Thus, the nature of the crime is not weak, there is no criminal history against the defendant, there is no criminal punishment against the defendant, and there are many access media lent by the defendant at the trial of this case, and the punishment shall be determined as ordered in light of the sentencing conditions indicated in the trial of this case.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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