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(영문) 청주지방법원 영동지원 2017.02.16 2016고단201
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

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium with the promise to receive any consideration in making a transaction instruction in electronic financial transactions or using and managing any access medium used to secure the authenticity and accuracy of the contents of the transaction with users and the users.

Nevertheless, on the condition that the defendant receives KRW 3 million from a person in the name of the defendant, he/she borrowed a physical card under the name of the defendant to the person in the name of the defendant, and around November 18, 2015, the defendant issued a physical card to the person in the name of the defendant in the name of the defendant at the defendant's workplace located in Daejeon Seo-gu Daejeon Seo-gu, Daejeon-gu, one copy of the physical card connected to the bank account (Account Number C) and notified him/her of the password.

Accordingly, the defendant promised to receive the price, and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of AA bank account Acts and subordinate statutes;

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);

2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

3. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is that the lending of the access medium for electronic financial transactions can be used as a means of other crimes, such as the instant crime, and the nature of such crime is not easy.

In fact, the access media lent by the defendant was used for other crimes, resulting in damage.

On the other hand, on the other hand, the defendant was committing the crime of this case and his mistake is divided.

The crime of this case was committed once, and the defendant seems to have no profit derived therefrom, and it does not seem to have been directly involved in other crimes.

In addition to punishment of a fine for a crime of 2009, the criminal records are different from punishment of a fine.

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