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(영문) 전주지방법원 2017.08.25 2017고단1121
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

No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

On March 7, 2017, the Defendant listened to the Defendant’s statement that “I wish to lend the passbook account to KRW 3 million per page 1,000,000 won per page,” from a person who was infinite’s name near C elementary school located in Geumcheon-gu, Seoul, Seoul, and lent its access media by sending the cash card, which is one of its own financial accounts with two accounts under the name of the Defendant (NAD and Shin E), to a person who was infinite, and then lent its access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. Details, details and guidance of each account, and application of Acts and subordinate statutes;

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 an alternative fine for punishment;

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

1. Under Article 334(1) of the Criminal Procedure Act, the act of transferring or lending to another person electronic financial transaction access media may cause damage to many and unspecified persons because it can be used for fraud crimes, such as licensing, etc. In fact, the account of access media lent by the Defendant was used for fraud.

The favorable circumstances include the fact that the defendant recognizes the crime of this case, and that the defendant has no record of criminal punishment for the same crime.

In addition to the above circumstances and the following circumstances, the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by comprehensively taking account of the various sentencing conditions under Article 51 of the Criminal Act as stated in the records of the instant case.

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