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(영문) 의정부지방법원 고양지원 2019.02.28 2018고단3219
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

No one shall, while promising to receive compensation, lend the means of access under the Electronic Financial Transactions Act to any third person.

Nevertheless, on October 29, 2018, the Defendant received a proposal from C points located in Goyang-si B, and, on October 29, 2018, sent one physical card connected with D (E) account in the name of the Defendant, to Kwikset through Kwikset service.

Accordingly, the Defendant promised to receive compensation and lent the means of access under the Electronic Financial Transactions Act.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on details of transfer;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Recognizing the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the means of access that he/she leased can be used for the crime, the promise to pay the means of access is provided and the fact that the means of access that the defendant transferred is used for the crime of licensing is disadvantageous to the defendant.

However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, the fact that there is no record of criminal punishment, etc.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.

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