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(영문) 서울남부지방법원 2018.04.11 2017고단6448
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

No person shall transfer or take over any access medium, borrow or lend any access medium, or store, deliver or distribute it while demanding or promising to receive any access medium or pay any consideration.

On September 7, 2017, the Defendant borrowed an account necessary for operating the sports climate from a person without his/her name, and consented to the lending of KRW 3 million, with the proposal. On September 7, 2017, the Defendant sent a physical card connected to the Defendant’s bank account under the name of the Defendant C (D) in front of the Defendant’s residence in Gangseo-gu Seoul Metropolitan Government, via Kwikset service article.

Accordingly, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of C Bank Answer statutes;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act requires strict punishment as well as the background and content of the crime of this case where the above crimes are used as other means of crime. In the actual case, even in this case, the access media leased by the defendant was used for the crime of fraud, resulting in damage therefrom: Provided, That there is no benefit acquired by the defendant; recognition of the crime and reflects on the crime; absence of the record of criminal punishment prior to the instant case; and other facts favorable or unfavorable to the defendant as shown in the pleadings, such as the defendant's age, career, health status, and family relationship.

Parts of innocence

1. The summary of the facts charged is as follows: (a) on September 7, 2017, the Defendant borrowed an account necessary for operating the sports soil from a person in unsound name to a third party for one month on the face of a week; and (b) on KRW 3 million.

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