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(영문) 인천지방법원 부천지원 2016.01.29 2015고단3267

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall transfer or take over any access medium or lend or lease any access medium while receiving, demanding or promising the price therefor in using or managing the access medium.

Nevertheless, on October 7, 2015, the Defendant received KRW 3 million per head of Tong from a person in a name in the name in the name in front of the store in Seocheon-dong, Seocheon-si, Seocheon-si, and through Kwikwikset Service Articles, the Defendant issued one passbook and one copy of passbook and one copy of passbook to the National Bank Account (Account Number B) in the name of the Defendant to the above name in the name in the name in the name in the name of the Defendant, through Kwikset Service Articles.

Accordingly, the defendant agreed to pay for the above and lent the access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, F, G H, and I;

1. Each written petition;

1. Data on replies;

1. Application of investigation reports (Submission of transaction details of passbooks to the National Bank), and transaction details by 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is that another victim has occurred due to the instant crime, etc., or that the Defendant is led to the confession of and against the Defendant, and that it will not be avoided in the future.

It shall be decided as ordered in consideration of all the sentencing conditions, such as the fact that there is no record of the same kind, the age of the defendant, circumstances after the crime, and the health conditions of the defendant.