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(영문) 수원지방법원 안양지원 2018.06.08 2018고단300

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend any access medium with the receipt, request or promise of compensation.

Nevertheless, on January 10, 2018, the Defendant promised to lend the e-mail card to a person whose name is unknown through Kwikset (Account Number D) from a person whose name is unknown, for three days, to pay KRW 2,00,000 as rent, after using the e-mail card with the account and the e-mail card.” On January 15, 2018, the Defendant lent the e-mail card to a person whose name is unknown through Kwikset (Account Number D).

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. A certificate of details by member trading account;

1. Application of Acts and subordinate statutes governing text messages;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act does not correspond to the nature of the crime in light of the background, content, and result of the crime. However, the Defendant’s mistake is against the fact that the Defendant did not have any other criminal record, including the same criminal record, in addition to the previous criminal record once every ten years, and the Defendant’s age, sex, criminal conduct, occupation, family relationship, and property status are taken into account.