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(영문) 창원지방법원 밀양지원 2017.08.24 2017고단194
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall lend any access medium while receiving, demanding or promising to receive compensation.

Nevertheless, on April 20, 2016, the Defendant promised to receive KRW 300,000 per month per account in return for lending the check card to a person with no name, and delivered the check card to the above person via Kwikset service article, which is linked to the Busan Bank Account (B) and the National Bank Account (C) in the name of the Defendant.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. 대포 통장 배송 자 명단 사본 및 위 쳇 메시지 사본 첨부 법령의 적용

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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. The date following the lending of the medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, which appears to have been applied for the suspension of transaction to the bank account, and the bank account, etc. appears not to have been used for other crimes. In light of the fact that there is no record of punishment for the same kind of crime, and the defendant’s age, environment, motive, means and consequence of the crime, the sentencing conditions indicated in the records, such as the age, environment, motive, means and consequence of the crime

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