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(영문) 의정부지방법원 2018.11.07 2018고단3818
전자금융거래법위반
Text

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

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.

Nevertheless, the Defendant, at around July 11, 2018, borrowed the head of the Tong, the ck card, and the password to obtain benefit from the reduction or exemption of liquor tax from his name-free persons from his name-free persons, and borrowed the head of Tong, the ck card, and the password. The Defendant used only once and returned KRW 1 million to 2 million.

“After accepting the proposal,” the proposal was sent to the nameless person through Kwikset delivery, one passbook and one physical card and one password connected to the new bank account (D) in the name of the Defendant.

As a result, the Defendant promised to pay the price and lent the access media to financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The details of new bank transactions in the name of the recipient A, and the application of the statutes governing the copy of the application;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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 crime of violation of the Electronic Financial Transactions Act, such as the crime of this case, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be deemed to be light in that the case is likely to be easily problematic in our society.

subsection (b) of this section.

However, in light of the favorable circumstances, since the amount of damage remitted to the defendant's account is not withdrawn due to the suspension of payment, the crime of Bosing is limited to the number of crimes, and the defendant is the first offender who has no criminal history and seems to have divided his mistake in depth.

The motive and background of the crime, including the above circumstances, the method and consequence of the crime, are followed.

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