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(영문) 수원지방법원 여주지원 2016.05.20 2016고단324
전자금융거래법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

No person shall lend any access medium in return for a promise to pay the price.

Nevertheless, on October 27, 2015, the Defendant, at the Defendant’s residence located in Pyeongtaek-si B, was to receive KRW 800,000 per month from the person without his name, and then, the Defendant sent the password of the physical card linked to the Defendant’s post office account under the name of the Defendant to the person without name, and lent the access media by sending the physical card linked to the Defendant’s post office account under the name of the Defendant using Kwikset services.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Account transactions;

1. Application of the statutes on search and seizure inspection warrant and reply;

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 reasoning for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the defendant is attempting to commit a crime and is against himself/herself, favorable circumstances such as the primary offender, and other favorable circumstances such as the defendant's age, economic situation, motive for committing a crime, circumstances after committing a crime, etc. are considered as ordered.

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