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(영문) 수원지방법원 2017.07.11 2016고단3942
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

Except as otherwise expressly provided for in other Acts, no person shall lease or borrow any access medium in return for promising to receive compensation.

Nevertheless, on May 1, 2016, the Defendant: (a) promised the Kwikset Service Articles to receive KRW 2,00,000 per access medium; (b) the Kwikset Service Articles, who sent the name in front of the Kwikset Hospital located in Suwon-si on May 16, 2016, to receive KRW 2,00,000 per access medium; and (c) sent the personal identification card to the Kwikset Service Articles, which was opened in the name of the Defendant, and sent the personal identification card to the Kwikset Service Articles (B) and (C).

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Inquiry into facts;

1. Application form for new transactions and a detailed statement of entry and withdrawal;

1. Application of Acts and subordinate statutes on transactions of Saemaul Treasurys;

1. Article 49 (5) 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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) comprehensively taking into account the following circumstances; (b) the Defendant’s age, family relation, sexual conduct, environment; (c) motive and background of the crime; (d) the means and method of the crime; and (e) the circumstances after the crime, etc., the punishment is determined as ordered.

[ favorable circumstances] The Defendant did not have much awareness that the Defendant, who led to the confession of the instant crime, recognized his mistake, that there was no benefit acquired by the Defendant due to the instant crime, and that the access media that he lent could be used as a means of crime.

It appears that the defendant shows the same crime or fine.

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