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(영문) 청주지방법원 영동지원 2017.12.21 2017고단113
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 any other Act, no one shall lend any access medium with the promise to receive any consideration in making a transaction instruction in electronic financial transactions or using and managing any access medium used to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, the Defendant borrowed two physical cards in the name in the name of the Defendant to the name in return for the payment of KRW 3,00,000 per month from the name in distress, and around March 8, 2017, around 14:00, at around C in the name of the Defendant in front of the Saemaul Bank Account (Account Number: D) located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant issued one physical card connected to the name in the name in the name of the Defendant to the name in return for the payment of KRW 3,00,000 per month, and issued one physical card connected to the new bank account (Account Number: E) in the name of the Defendant and notified the password.

Accordingly, the defendant promised to receive the price, and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of a copy of each bankbook;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on the Electronic Financial Transactions and the Selection of Punishment, respectively, Article 49 (4) 2 and Article 6 (3) 2 of the same Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

4. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

5. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Any unfavorable circumstance] The lending of an access medium for electronic financial transactions, such as each of the instant crimes, can be used as a means of other crimes, and the nature of such crime is not easy.

In fact, the access media lent by the defendant was used for other crimes, resulting in damage.

[ favorable circumstances] The Defendant committed each of the crimes of this case, and divided his mistake.

The defendant seems to have no benefit from each of the crimes in this case, and directly participated in other crimes in addition to the crimes in this case.

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