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(영문) 창원지방법원 2018.07.04 2018고단832

전자금융거래법위반

Text

Defendant shall be punished by a fine of five 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

On January 16, 2018, the Defendant accepted the proposal that “If he/she lends a e-mail card, he/she will pay 80,000 won per day of the e-mail card in return for the lending of e-mail card, he/she will pay 80,000 won per day of the e-mail card.”

around 15:00 on January 16, 2018, the Defendant posted a physical card, which is an access medium connected to the national bank account (D) in the name of the Defendant, at C office located in Yangsan-si B, Yangsan-si.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a copy of a petition;

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, and Article 6 (3) 2 (Punishment);

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

1. Sentencing sentencing under Article 334 of the Criminal Procedure Act (a fine not imposed: A fine not imposed) and the sentence of August: A fine not exceeding 5 million won: A ground for mitigation, such as that the Defendant’s access media has actually used to commit a crime of telecommunications financing fraud: A confession, initial offender, etc.;