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(영문) 의정부지방법원 2017.09.07 2017고단1499

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

No person shall lend a e-mail card, etc. which is an access medium of electronic finance while receiving, demanding or promising any consideration.

Nevertheless, on October 20, 2016, the Defendant sent a e-mail card connected to the head of the Tong and the head of the Dong to the Defendant on October 20, 2016.

“On contact, at around 14:00 on the same day, through Kwikset’s service articles, the Defendant’s national bank account (D) and the e-mail card connected thereto was promised to receive KRW 2,00,000,000 per month in return for the personal interest.

As a result, the Defendant promised to pay for, lent a e-mail card and passbook, which is an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Response data, such as a transfer receipt and a customer information inquiry table;

1. Application of CCTV Acts and subordinate statutes;

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. Taking into account the following factors: (a) the Defendant’s erroneous reasoning for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which reflects the Defendant’s fault; (b) the Defendant did not have any other criminal record other than two times before and after the instant punishment; and (c) the occurrence of the victim of the instant offenses using the physical card transferred by the Defendant; and (d) the amount of damage was not significant.