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(영문) 서울동부지방법원 2018.06.12 2018고정343

전자금융거래법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 20, 2017, the Defendant: (a) received a proposal from a non-explosive person on August 20, 2017, stating that “The Defendant would lend the passbook to D for a day; (b) three million won per week; and (c) accordingly, around August 20, 2017, via a door-to-door engineer before Songpa-gu Seoul Metropolitan Government E, sent the Defendant’s name check card to the Non-explosive person; and (d) notified the password.

As a result, the Defendant promised the acceptance of the consideration and lent the approaching media.

around 18:18 on January 28, 2018, the Defendant driven a H low-speed car under the influence of alcohol content of about 0.076% in blood on the front side of Songpa-gu Seoul Metropolitan Government on the five-meter road.

Summary of Evidence

"2018 High 343"

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. The remittance statement and the Kakao Stockholm conversation statement "2018 High 495 High Doz.";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire into the circumstantial statements of drivers of drinking alcohol and the results of crackdown on drinking driving;

1. Article 49 (4) 2, Article 6 (3) 2 (lease of an access medium) of the Act on Private Participation in Criminal Matters, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the selection of a fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69(2) of the Criminal Act, which have no record of criminal punishment for reasons of the sentencing of the defendant for the same crime, among the crimes of this case, the crime of violation of the Electronic Financial Transactions Act in the course of the crime of this case, not only harms the trust and safety of financial transaction, but also allows access media leased by the crime to be used for various criminal acts. Thus, the nature of the crime is not somewhat weak; the degree of punishment in the same case; the degree of punishment in the same case; the driving distance of alcohol; and the situation of drinking driving, etc., shall be determined by taking into account the sentencing conditions set forth in the trial