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(영문) 창원지방법원 통영지원 2018.02.12 2017고단1855
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 person shall lend any access medium in return for promising to receive compensation.

Nevertheless, on July 2017, the Defendant reported the writing posted by the non-member of his name while taking out a loan in the Internet search window, and then borrowed the check card from the non-member of his name after telephone call to receive KRW 800,000 in return for the lending of the check, and the Defendant sent the check card to the non-member of his name using Kwikset through Kwikset Service.

As a result, the defendant promised to receive the price and sent one copy of the approaching media to the person who is not the victim of his name.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s authentic statements and written statements;

1. A certificate of transfer confirmation;

1. Application of the statutes to report internal investigation to the Nonghyup Bank;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant loaned the following media for the purpose of easily punishing money: (a) the full amount of damage was refunded to the victim; (b) the Defendant did not have any record of criminal punishment; and (c) the Defendant’s age, sex behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc. shall be comprehensively considered to determine the punishment as ordered by the order.

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