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(영문) 춘천지방법원 원주지원 2016.11.01 2016고단844
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

No one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation in using or managing the means of access.

Nevertheless, around March 5, 2016, the Defendant offered a proposal to offer a total of KRW 1,80,000 if he/she lends the e-mail card from a person who has not been paid his/her name to 600,000 won a day on the face of a house, and lent the e-mail card, etc. under the name of the Defendant to the Kwikset Service Articles who received the above e-mail card, etc. under the name of the Defendant.

Accordingly, the Defendant loaned the means of access to another person in return for promise.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Payment receipt;

1. Financial transaction statement;

1. Application of Acts and subordinate statutes on CCTV image data;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the account leased by the defendant was used for a financial fraud crime, and the victim suffered damage by deceiving about five million won through the above account.

However, the defendant has no record of the same crime.

Such circumstances and the defendant's age, occupation, character and conduct, the details of the crime and circumstances after the crime are committed shall be determined as per Disposition.

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