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(영문) 창원지방법원 통영지원 2017.07.13 2017고단550
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 borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, the Defendant received the call from his name influence that “I will give KRW 3 million per month to each one of the head of the Tong if I want to use the passbook as a sports-based gold hold account.” On November 9, 2016, the Defendant sent the e-mail card, which is linked to the name bank account (B) with the head of the e-mail card and the e-mail bank account (C) that is linked to the name bank account (C) in front of the e-mail-based master apartment security room, around November 9, 2016.

As a result, the defendant promised to receive the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Search and seizure inspection warrant and reply;

1. Each written petition;

1. Each statement of D, E, F, and G;

1. Application of each remittance-related Act and subordinate statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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 act of lending the electronic financial transaction access media to another person on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment can cause damage to many and unspecified persons as it can be used for a crime. In fact, the account connected with the access media leased by the Defendant was used for fraud.

However, it is against the defendant's recognition of the crime of this case, and it seems that the defendant has no profit from this case.

And the defendant has no record of criminal punishment.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence, circumstances after the crime, etc. shall be determined as ordered by taking into account.

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