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(영문) 의정부지방법원 고양지원 2019.05.09 2019고단329
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

No one shall, while promising to receive compensation, lend the means of access under the Electronic Financial Transactions Act to any third person.

Nevertheless, on August 13, 2018, the Defendant received a proposal that “C” in the name of “C” located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Mangsan-si and that “it shall pay 5 million won per annum if he/she lends crow card for three days.” On the other hand, the Defendant sent one crow card connected to the bank account in the name of the Defendant, the means of access, and made it possible for the Defendant to search for the non-member of the name.

Accordingly, the Defendant promised to receive compensation and lent the means of access under the Electronic Financial Transactions Act.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes for transfer certificate;

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

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

1. Recognizing the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the means of access can be used for the crime, the lending of the means of access, and the fact that the means of access leased by the defendant was used for the crime of Bosing is disadvantageous to the defendant

However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, the fact that there is no record of criminal punishment, etc.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.

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