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(영문) 수원지방법원 여주지원 2017.02.03 2016고단1371
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

No person shall receive any consideration and lend any access medium.

Nevertheless, the defendant, at the end of June, 2016, proposed that he will lend a accessible medium from a person who was in a false name to a third party at a low interest rate and that he will make a substitute loan at a low interest rate. On July 7, 2016, the defendant sent a name in front of the company A located in Echeon-si, Leecheon-si, Inc. at around 16:00 on July 7, 2016.

Through the Kwikset service articles, the account holder with the name in the name of the defendant bank (number: E) account and the check card in the name of the defendant, and the passbook and check card in the account in the name of the defendant F in the name of the defendant.

Accordingly, the defendant paid a price and used an approaching medium respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. A copy of the details of deposits and withdrawal;

1. Application of Acts and subordinate statutes to investigation reports (a copy of the details concerning a search and seizure warrant or reply);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the defendant is attempting to commit a crime and is against his/her will, the primary offender, and other favorable circumstances, such as the defendant's age, family environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are considered. It is so decided as per Disposition.

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