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(영문) 대전지방법원 천안지원 2018.08.17 2018고단26
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 borrow or lend any medium access to electronic financial transactions while demanding or promising the payment therefor.

Nevertheless, on September 14, 2017, the Defendant promised to receive KRW 800,000 per day from the name-free person in front of the Switzerland, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and sent a e-mail card connected to the account of the Saemaul Treasury (B) in the name of the Defendant through a selective distribution service, and lent the electronic financial transaction access media by informing the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a warrant of search and inspection of seizure;

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 not only harms 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 there is no criminal history against the Defendant, and all other circumstances revealed in the records and changes theory of this case shall be determined as per the disposition.

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