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(영문) 청주지방법원 제천지원 2017.02.09 2016고단499
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing access media, no one may borrow or lend access media, or store, deliver, or distribute it, while receiving, demanding, or promising to receive compensation. However, on July 20, 2016, the Defendant promised to receive KRW 2,500,000 from a person in the name of the Defendant to receive KRW 2,50,000 from a person in the name of the Defendant and lent one bank (Account Number D) and one Postal Card (Account Number E) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

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

1. An investigation report (the date and time of transfer of the A Cze Card), an investigation report (to attach details of account transactions in a single bank);

1. Application of Acts and subordinate statutes to inquiries as a result of transfer;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Punishment prescribed in Articles 40 and 50 of the Criminal Act for the commercial concurrent crimes (a punishment imposed on a person who violates the Electronic Financial Transactions Act due to lending of physical bank cards with heavy circumstances);

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. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:

The fact that two copies of the access media are transferred, that one out of the two copies of the access media leased by the defendant was used for the crime of licensing and that there is a high possibility of being used for the remaining one illegal purpose for sale, and that there is no benefit of the defendant, that there is no benefit of the defendant's acquisition, and that there is no record of the same crime.

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