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(영문) 청주지방법원 2018.04.23 2017고단2598
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend any access medium with the receipt, request or promise of compensation.

On September 26, 2017, the Defendant: (a) made telephone conversations with “C Maba” located in Chungcheongnam-si, Chungcheongnam-si; (b) promised to lend Mabro cards connected to the account under the Defendant’s name to the terms of KRW 2.4 million for five days; (c) on September 27, 2017, the Defendant sent Mab Card connected to the Defendant’s post office account under the Defendant’s name to the said Maba or Kaba by placing it in the document envelope in the document envelope.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes on deposit transactions;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Lending media access to electronic financial transactions need to be strictly punished because it can be used as a means of other crimes. In reality, the Defendant’s lending act of this case may cause damage to 210 million won due to the Defendant’s lending act of this case, the Defendant’s confession of the facts of the crime and the favorable circumstances that the Defendant had multiple criminal records: the Defendant appears to have led to the Defendant’s confession of the facts of the crime, and there is no benefit from the Defendant’s crime of this case; the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances before and after the crime shall be determined as per the order.

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