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(영문) 전주지방법원 2017.05.19 2017고단380
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

No person shall borrow or lend any medium access to electronic financial transactions while receiving, demanding or promising such consideration.

Nevertheless, the Defendant received a proposal to grant KRW 60,000,000 each one per month from the head of the Tong, and around November, 2016, lent the access media to Kwikset service article with a promise to notify Kwikseter of the identification number of the above account via telephone to the above-mentioned person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on transactions;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions (a point of transfer of an access medium) concerning the facts constituting an offense under the relevant Article of the Act;

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Electronic Financial Transactions by Access Media);

1. Selection of an alternative fine for punishment;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant and his defense counsel’s assertion are not liable because they were unable to discern things due to stimulative disorder.

2. According to the diagnosis report, etc., when collecting the following facts: (a) the Defendant was diagnosed with the name of “stimulative disorder” in the name of “stimulative disorder; (b) the disabled with mental disorder 3; (c) the Defendant’s investigation agency and this court; and (d) the Defendant transferred access media to receive money, the Defendant’s disease affected the instant crime.

It is difficult to see that the defendant has no or weak ability to discern things or make decisions due to mental or physical disorder.

Since there is no basis to view the defendant and his defense counsel, we cannot accept them.

The reasons for sentencing are disadvantageous to others.

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