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(영문) 의정부지방법원 2017.09.14 2017고단1995

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, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, around 14:00 on January 11, 2017, the Defendant promised to receive KRW 3,00,000 per month from a company located in Chungcheongnam-si, Namyang-si, to receive 3,00,000 won per month from a person who is not his name, and issued a copy of the physical card connected to the Saemaul Bank Account (D) in the name of the Defendant through Kwikset Service.

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

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. E statements;

1. A confirmation certificate or a certificate of the results of electronic financial transfer;

1. Details of transactions in the accounts of Saemaul Treasury in the name of the defendant;

1. Application of statutes governing the details of text messages and the Kakao Stockholm text messages;

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. Taking into account the following factors: (a) the Defendant’s erroneous reasoning for sentencing under Articles 70(1) and 69(2) of the Criminal Act, in depth, reflects the Defendant’s erroneous conviction; and (b) the Defendant has no previous conviction.