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(영문) 수원지방법원 여주지원 2018.02.09 2018고단51
전자금융거래법위반
Text

Defendant shall be punished by a fine of three 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 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, on September 15, 2017, the Defendant received a proposal that he would lend the e-mail card from the person who was the lowest name of the liquor company to pay KRW 700,000 per day from the third party, and responded thereto. On October 17, 2017, the Defendant sent the e-mail card that is linked to the national bank account (C) in the name of the Defendant to the third party.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photograph by reporting internal affairs (the process of obtaining intelligences), details of deposit and withdrawal transactions, and capturing Kakao Stockholm messages;

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. It appears that the Defendant’s access media on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act appears to have been used for the criminal criminal act of Bosing, considering the unfavorable circumstances, such as the fact that the Defendant’s access media is deemed to have been used for the criminal act of drinking, and that it is a criminal with no criminal history, considering the favorable circumstances.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered and decided as ordered.

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