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(영문) 대전지방법원 천안지원 2018.07.13 2018고단692
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

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

On January 24, 2018, the Defendant presented a proposal to the effect that “I will use 30,000 won per week by lending a financial account,” through mobile phone text message and Kakaoo Stockholming from a person who is a person with no title to “Stco-listed company”. On January 24, 2018, the Defendant sent a passbook and a physical card connected to the Defendant’s bank account (E) to the Defendant’s account (E) via Kwikset’s service article around C middle School located in Yananan Island B, on January 24, 2018.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to inquiries about details of financial transactions and inquiries about personal information of customers;

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 crime of transferring or lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not easy in light of the fact that the crime is not only detrimental to the credibility of the safety performance of electronic financial transactions, but also becomes a means to facilitate other crimes. The access medium provided by the Defendant is actually used for the crime, on the other hand, the Defendant confessions and reflects the crime of this case, and the Defendant has no record of punishment for the same kind of crime, and all other circumstances revealed in the record and the change theory of this case are determined as ordered.

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