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(영문) 수원지방법원 평택지원 2018.08.10 2018고단613
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 an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

Nevertheless, on January 15, 2018, the Defendant: (a) received a telephone from a person in a false name who borrowed two cards; (b) and (c) sent a cash card in connection with the Defendant’s name’s bank account (C) account on January 22, 2018; (c) around 20:00, Btel 404 on January 22, 2018; and (d) sent a kwikset to a person who was in a name, via Kwikset’s service.

As a result, the defendant promised to pay the price to the name of the victim and lent the approaching media to the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. An investigation report (verification of details of transactions in the new bank account);

1. Application of Acts and subordinate statutes on transactions of deposits and withdrawal;

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. 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: Other favorable circumstances such as confession, reflectivity, and having no record of criminal punishment: The sentence imposed on the Defendant’s age, family relation, criminal background, etc.: A fine of at least 3,00,000 won is imposed as per Disposition.

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