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(영문) 인천지방법원 2016.08.25 2016고단4299
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, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, around May 24, 2016, the Defendant, on the condition that the Defendant received KRW 3 million per month from around the residence of the Defendant located in Seo-gu Incheon, at KRW 6 million, from around May 24, 2016, 1, e.g., head of the Tong, e., C Account in the name of the Defendant, and e.g., e., e., e.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of one copy of account information, account transaction details, and mobile phone text details;

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 Act on Electronic Financial Transactions through which punishment is selected, and the selection of fines;

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

1. The fact that the access media leased by the Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act was used for phishing crimes, etc. shall be considered as disadvantageous circumstances, considering favorable circumstances, such as the fact that the said media was used for phishing crimes, the first offender, etc., and the punishment as ordered shall be determined by taking into account the Defendant’s age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime.

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