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(영문) 광주지방법원 2018.04.12 2017고단5315
전자금융거래법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

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.

However, on September 18, 2017, the Defendant received a written message from a person infinite name who assumes a false name as a trade company, stating that he/she would give KRW 3 million per week of lending a passbook. On September 20, 2017, around 10:00, the Defendant transferred one physical card connected to the Defendant’s new bank D account under the name of the Defendant to a person infinite services via Kwikset service article.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. All financial reply data, including receipts, etc.;

1. Application of Acts and subordinate statutes on mobile phone pictures;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The crime of this case, which lends to another person the access media of financial institutions with the reason of sentencing of Article 334(1) of the Criminal Procedure Act, can be abused as a means of other crime, such as so-called singinging, etc. In fact, if considering the unfavorable circumstances of the victim, such as the fact that the criminal defendant committed the fraudulent act using the access media, which was actually leased by the defendant, and the occurrence of the victim, it is necessary to punish the defendant

However, a fine shall be selected and punished in consideration of favorable circumstances, such as the fact that the defendant has no profit acquired from the crime of this case, the fact that there is no other penalty other than a fine received at least once in 2009, the defendant seems to have caused economic difficulties, and the fact that the defendant may automatically retire from the company when suspended execution is sentenced in this case.

In addition, the defendant's age, gender, environment, circumstances after the crime, etc. are considered.

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