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(영문) 대구지방법원 서부지원 2018.12.18 2018고단1783
전자금융거래법위반
Text

Defendant shall be punished by a fine of three 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 any other Act, no person shall lend any access medium with the receipt, demand or promise of the consideration in using and managing the access medium under the Electronic Financial Transactions Act.

Nevertheless, on December 28, 2017, the Defendant accepted a proposal from C branch office located in Daegu Northern-gu, Daegu Northern-gu, about 15:00, that “The Defendant would use the e-mail card for three days by paying KRW 700,000 per each page of the e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed f.g.,

Accordingly, the Defendant lent an access medium while receiving, demanding, or promising compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the statutes governing respective text messages, photographs, and replies to financial transaction information;

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

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

1. In full view of all the circumstances, including lending media access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, etc., the act of lending media is abused as a means of other crimes; actual damage has occurred due to the Defendant’s crime using the access media of the instant case leased by the Defendant; on the other hand, the Defendant recognized the Defendant’s mistake and did not repeat the crime; the first offender is a first offender; the economic situation is difficult; the process of the crime; and the prosecutor’s sentence is determined as ordered.

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