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(영문) 수원지방법원 여주지원 2019.05.07 2019고단271

전자금융거래법위반

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Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

On October 27, 2018, the Defendant: “Around October 27, 2018, the Defendant: (a) received the proposal and consented to KRW 500,000,000 per day when the head of the Tong is in need of another passbook; (b) received the proposal; and (c) delivered one check card connected to the Defendant’s name bank account (Account Number: E) at the office of the Defendant at the Gyeonggi-si, B apartment Co., Ltd., Ltd.’s house on October 28, 2018, through Kwikset Service Articles.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

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

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s means of access to the crime of licensing shall be considered disadvantageously considering the fact that the Defendant’s damage was inflicted on the Defendant’s crime of licensing, but the fact that the Defendant is human and reflect, the first offense, and the circumstances leading to the crime shall be considered as favorable circumstances.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.