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(영문) 의정부지방법원 2017.05.26 2017고단418
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 while receiving, demanding or promising the payment for using or managing the access medium.

On July 18, 2016, the Defendant: (a) received a proposal from a non-name-based person to the effect that “to pay KRW 200,000 to use the e-mail card for three days per week from the lease of the e-mail card; (b) borrowed the e-mail-based 202 U.S. S. 20, P.C. on the front of the e-mail-based 202 P.C., the Defendant lent the access media with the Defendant’s name-based promise to give one e-mail card related to the Bank’s account (B) and one e-mail card related to the e-mail’s account under the name of the Defendant through Kwikset Service news.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (attaching letters and Kakao Stockholm details);

1. Application of Acts and subordinate statutes to notify details of deposit transactions and data on financial transaction status;

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

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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