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(영문) 청주지방법원 영동지원 2018.09.06 2018고단91
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 any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in using or managing the access medium of electronic financial transactions.

Nevertheless, on March 2018, the Defendant promised to receive KRW 3 million from the influence company located in Gangseo-gu Busan, Busan, for the lending of the bank account from the influence company to the influence company, and the Defendant’s name B cooperation promised to deliver a physical card connected to the (C) bank account to the influence company, and delivered it to the above influence and lent a password to the above influence company through telephone communications.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report internal investigation (Evidence List 2);

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 the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Any unfavorable circumstance] The lending of an access medium for electronic financial transactions, such as the instant crime, can be used as a means of other crimes, and the nature of the crime is not somewhat weak.

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

[ favorable circumstances] The Defendant was committed by committing the instant crime, 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 appear that he directly participated in other crimes than the crime of this case.

The defendant has no record of the same kind of crime, and there is no record of punishment heavier than a fine in the case of a double crime.

The defendant is suffering from cerebrovascular diseases and is not in good health condition.

In addition, the defendant's age and reputation, character and conduct, environment and family relationship, and family relationship.

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