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(영문) 수원지방법원 2017.08.17 2017고단3833
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 16, 2017, the Defendant issued a proposal to the effect that “The Defendant would give three million won per each page of the lending of the account” from a person in the name in the vicinity of the Gyeonggi-si, Gyeonggi-do, and sent a physical card linked to the post office (C) account opened in the name of the Defendant to a person in the name of the deceased through Kwikset service.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of transaction, application of warrant reply statutes;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant was given a high amount of consideration; and (b) the Defendant leased a accessible medium; and (c) the Defendant was used for licensing crimes.

On the other hand, the fact that the defendant reflects the mistake, that the defendant is the first offender, that there is no economic benefit from the defendant, and that the defendant sent 540,000 won to the account of the defendant to the victim, and that the damage was restored by sending it to the account of the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime.

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