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(영문) 대구지방법원 서부지원 2018.09.19 2018고단421
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

Except as otherwise provided for in other Acts, no person shall lend the access medium with his/her promise of compensation in using and managing the access medium.

Nevertheless, on January 22, 2018, the Defendant received a proposal from a person who was in the name of the deceased and consented thereto to the payment of KRW 3,00,000 per head of the e-mail card, if he lends the e-mail card. Around that time, the Defendant issued a letter of e-mail card (D) connected to the bank account in the name of the Defendant in the residence located in Seogu Daegu-gu, Daegu-gu, via Kwikset service articles, and sent it to the person who was in the name of the deceased by telephone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is to take into account the following circumstances: (a) the Defendant committed the instant crime without weight even during the repeated crime period; (b) on the other hand, the Defendant committed the instant crime; (c) there is no record of the same crime; and (d) there is no record of the instant crime; and (c) other circumstances shown in the argument of the instant case.

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