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(영문) 춘천지방법원 영월지원 2017.07.18 2017고단209
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

Except as otherwise expressly provided for in other Acts, no person shall lend any access medium with the receipt, request or promise of compensation.

Nevertheless, at around 15:00 on December 6, 2016, the Defendant leased the personal account to the company for the purpose of collecting the company by telephone from a person in unsound name who assumes the name of the R company S representative in front of the P station Q sales store located in Nowon-gu Seoul Special Metropolitan City, Nowon-gu.

If a postal card is sent, 5% of the amount to be collected shall be paid as the fee.

“In receipt of the proposal to the purport, Kwikseter lent one copy of the Cock Card, which is linked to the Kwikset-based account (T) and the Nong Bank account (U) through Kwikset-based service article.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the police statement protocol law to V

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize the instant crime, and the Defendant has no record of punishment for the same kind of crime, and the instant crime is a case of lending the access medium used for the electronic financial transaction to the Defendant, and thus is highly likely to social criticism as well as infringing the safety and reliability of the electronic financial transaction, as well as the fact that it may be abused as a means of crime, such as telephone financial company, scam, etc., and the fact that the access medium transferred by the Defendant actually used for the secondary crime, and other unfavorable conditions for sentencing as indicated in the record, such as the Defendant’s age, sexual behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime.

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