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(영문) 대전지방법원 논산지원 2017.07.04 2017고단317
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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 promising to make a price.

Nevertheless, on November 2016, the Defendant borrowed cPC room located in Daksan-si B from “CPC room.”

The letter "3 million won per month" was reported to and contacted with a person without his/her name, and the above person without his/her name entered the account that he/she wants 3 million won per month by lending the head of the Tong and the check card for the exchange of game money.

“Around the 21st day of the same month, the Defendant opened a personal compromise account (D) under the name of the Defendant and transferred a passbook and a physical card connected to the said personal cooperative account on the 22th day of the same month, which is the next day, to the male, on the front day of the said “CPC room”.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A certificate of deposit verification;

1. Application of the Acts and subordinate statutes on warrant response materials;

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. In light of the fact that the instant crime with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, not only harms the safety and trust of financial transaction, but also can be abused as a means of other crimes, and the card lent by the Defendant is also used for the actual crime, it is necessary to strictly punish the Defendant.

However, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant reflects the mistake, the primary offender, the age, environment, circumstances of the defendant, the result of the crime, and the circumstances after the crime.

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