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(영문) 의정부지방법원 2017.04.21 2017고단716
전자금융거래법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium used for electronic financial transactions, or store, deliver or distribute such medium in return for payment, request or promise.

Nevertheless, on October 21, 2016, the Defendant would pay KRW 1 million per day of lending the head of the Tong from a person who is not in the name of the head of the Tong.

“The proposal accepted the proposal, and on the same day, it transferred the physical card and password of the Saemaul Treasury Account (B) to the Gwikwikset Service Articles in his name at the entrance of the entrance of the Ulsan University Park Jong-gu, Seongbuk-gu, Seongbuk-gu. The same day.

Accordingly, the defendant promised to receive the price, and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s authentic statements and written statements;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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. In light of the fact that the defendant's reasons for sentencing of Article 334 (1) of the Criminal Procedure Act in the order of provisional payment are expected to expect monetary consideration and the access media that lent to a person who has no name is a serious social problem, there is a need to punish the defendant strictly in light of the fact that the defendant actually used for the criminal act of licensing fraud.

However, in full view of the various circumstances, such as the confession of the Defendant to the instant crime, the first offender who has no record of criminal punishment, the Defendant’s age, sexual conduct, the process and motive leading to the instant crime, the circumstances before and after the instant crime, etc., and the conditions for sentencing as shown in the records and arguments, the punishment as ordered shall be determined as set forth in the Disposition.

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