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(영문) 의정부지방법원 2017.10.12 2017고단3655
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 May 8, 2017, the Defendant promised to receive KRW 3 million per month from a person in an infinite from his/her name in the vicinity of the Macheon-si Park Park-dong, and issued a physical card connected to the accounts of the Saemaul Treasury in the name of the Defendant to a person infinite.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Receipts:

1. Application of the Act and subordinate statutes on Account Transactions in A name;

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) Articles 70(1) and 69(2) of the Criminal Act, which reflects the Defendant’s wrongness in sentencing; (b) there appears to be no profit accrued from the crime; and (c) there is no criminal conviction for the Defendant.

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