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(영문) 광주지방법원 장흥지원 2018.03.22 2017고단261
전자금융거래법위반
Text

Defendant shall be punished by a fine of three 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 knowingly lend the access medium with the knowledge that it will be used for a crime or for the purpose of using it.

On February 2, 2017, the Defendant: (a) proposed that “When sending a e-mail card, the Defendant would increase the transaction performance and then offer additional loans thereafter; (b) lent the access media connected to the Defendant’s account to the person without the name of the victim; and (c) submitted it to the Defendant as if it was the Defendant’s normal transaction performance; and (d) accepted the fraud of receiving credit loans.

On February 2, 2017, the Defendant sent a passbook to the Agricultural Cooperative Account (D) in the name of the Defendant and a head of the physical card connected to the said account to the Defendant’s name in the name of the Defendant, through a house line from C located in Heung-gun, Namnam-gun, Seoul.

As a result, the Defendant promised to receive an intangible expected profit to receive a loan and lent the access media to the crime at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of warrant 2017-428 Acts and subordinate statutes;

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 of the Commercial Competition;

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. Comprehensive account of the elements of sentencing under Article 334(1) of the Criminal Procedure Act, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sex, environment, circumstances before and after the crime, and circumstances before and after the crime.

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