beta
(영문) 의정부지방법원 2018.07.19 2018고단440

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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

On September 17, 2017, the Defendant promised to receive KRW 1,00,000 per month from a person in a name in front of Seongbuk-gu, Sungwon-si, Sungwon-si, Sungwon-si, and issued Kwikkset through Kwikset Co., Ltd. (C) a physical card connected to the company bank account in the name of the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Inquiry into details of liquidity transactions, verification of each deposit, and application of Acts and subordinate statutes on financial reply data;

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);

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won; and

2. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, under the conditions below a fine of three million won.

The circumstances unfavorable: The circumstances favorable to the victim due to the defendant's account lending: The confession of the crime of this case and the fact that the defendant has no record of crime other than the fine once.