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(영문) 인천지방법원 부천지원 2018.09.06 2018고단1832
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 person shall borrow or lend any access medium, or store, deliver or distribute any access medium in return for receiving, demanding, or promising to receive, demand, or promise any compensation.

Nevertheless, on February 2, 2018, the Defendant is entitled to receive KRW 40-50,000 each month in return for lending one head of Tong from a person in a name-free position in return for the lending from a person in a non-name-free position at a store near the Dolla World Papju on or around February 2, 2018. The Defendant sent a national bank account in the name of the Defendant (B) and a check card connected thereto to the name-free person.

With promising the acceptance of the price, the approach media was lent to the name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Request for cooperation in investigation (request for ctv video data);

1. A report on damage;

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

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 same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant transferred the approaching medium in return for promise, and the nature of the crime is not good.

The access media transferred by the defendant was used for the crime of Bosing.

There was no agreement with the Washington victim.

The favorable circumstances: The mistake is recognized and reflected.

It is the first crime.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, motive and background of the crime, circumstances after the crime, etc. and various sentencing conditions shown in the theory of change.

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