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(영문) 춘천지방법원 강릉지원 2017.04.20 2017고단133
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall lend any access medium, or store, deliver or distribute any access medium with the promise of compensation in using and managing the access medium of electronic financial transactions.

Nevertheless, on November 2016, the Defendant received a written message from a person in the name of a police officer in the name of the first police officer, stating that “the Defendant would operate an illegal site, which would give KRW 2,50,000 per week,” and in conversations with the person in the name of the deceased, “The Defendant would give 2,50,000 won per week, if he rents the card.” At the front of the public health center located in the Dong-dong, the Defendant sent a copy of the physical card connected to the new bank account (Account Number: B) in the name of the Defendant and lent the access media by informing him of the card password to the person in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Details of financial transactions of deposits and withdrawal;

1. Application of the statutes on search and seizure inspection warrant and reply;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of lending the access media on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, such as the instant crime, can be used for the crime, such as singing, etc. In fact, considering that there was a fraud by using the access media leased by the Defendant, the nature of the crime is not weak.

However, the sentence shall be determined as ordered by considering the conditions of sentencing as shown in the pleadings, such as the fact that the defendant made a confession of his/her mistake and reflects against himself/herself, and the primary offender.

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