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(영문) 울산지방법원 2018.05.23 2018고정352

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No one shall lend any access medium while receiving, demanding, or promising to receive compensation in using or managing the access medium.

On July 3, 2017, the Defendant: (a) received a proposal from a person without his/her name to “be asked KRW 2 million per day from the lending of e-mail cards; and (b) issued Kwikset Services Articles who sent one copy of e-mail card connected to B’s union C account under the name of the Defendant.

Accordingly, the defendant promised to receive compensation, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on details of transfer of funds from D;

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) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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 was that the Defendant had no record of being punished for the same kind of crime, reflects the fact, and distributes of the sentencing of the same kind of crime.