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(영문) 대구지방법원 서부지원 2018.05.21 2017고단2291
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

On May 2016, the Defendant: (a) heard the horses from CPC room located in Nam-gu, Nam-gu, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si to lend 300,000 won per head of Tong, Mapo-si, Mapo-si, Mapo-si.

1. Around May 2016, the Defendant sent to D, through Kwikset, one passbook and physical card linked to the Defendant’s new bank account (E) in the above CPC room, and one passbook and one physical card linked to the Defendant’s national bank account (F).

2. On June 2016, the Defendant sent to D a passbook and a check card related to the Defendant’s post office account (G) in Nam-gu, Nam-gu, Mapo-si, Mapo-si, and the Defendant’s postal bank account (F).

Accordingly, the defendant promised to receive compensation and lent access media over two times.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the defendant;

1. A H statement;

1. Application of Acts and subordinate statutes on financial transaction replies;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The act of transferring, lending, etc. a medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for crimes such as illegal gambling, tax evasion, and Bosing, and thus, it is highly likely to be used for such crimes.

Nevertheless, the Defendant repeatedly 4 approaches the four media, and the Defendant actually caused fraud.

In particular, the defendant has withdrawn one million won out of the money deposited into his own account and has a high possibility of criticism.

However, it is advantageous to the fact that the defendant recognizes his mistake and reflects it, and that the defendant has no record of punishment heavier than that of the same kind and suspension of execution.

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