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(영문) 울산지방법원 2018.09.21 2018고정738

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

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, in receiving, demanding or promising the payment of the price, unless otherwise provided for in any other Act.

Nevertheless, on February 5, 2018, the Defendant received a letter from the deceased and wounded person to the effect that “to offer KRW 700,000 won at the face value of the card” from him/her, and in response thereto, he/she sent a physical card connected to D’s union accounts (Account Number: E) in Ulsan-gu, Ulsan-gu, B through his/her house line on the same day.

Accordingly, the Defendant promised to receive compensation, and lent an approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on account transactions;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is the confession and reflect of the crime, the actual acquisition profit seems to exist, the defendant's age, sexual conduct, environment, family relationship, motive and consequence of the crime, circumstances constituting the conditions for sentencing as shown in the argument of this case shall be determined as ordered, taking into consideration the following circumstances.