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(영문) 수원지방법원 평택지원 2017.11.17 2017고단1458
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 lend any means of access to electronic financial transactions in promise to make a price therefor.

Nevertheless, around March 2017, the Defendant accepted the proposal that “to pay 3 million won per month on the face of the lending of the head of the Tong,” from the name in which he/she advertised the lending of the head of the Tong,” and sent it to the person under whose name he/she was named, using Kwikset’s Swikset’s Saemaeul Card that was linked to the Defendant’s Saemaul Savings Depository (D) account in front of the C cafeteria located in Mayang-si B on March 22, 2017.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on damage from each telephone finance fraud (phishing, etc.);

1. Each official receipt;

1. Application of Acts and subordinate statutes about details of financial transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The instant crime is committed by facilitating a crime that inflicts property damage on an unspecified number of unspecified victims, such as singing, singing, and Internet gambling, and its social harm is very high: The confession, reflectivity, initial crime, and other favorable circumstances: The Defendant’s age, family relation, and criminal records: The sentence is rendered on the grounds of a fine of not less than 3,00,000 won.

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