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(영문) 수원지방법원 2017.09.14 2017고단4436
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising any compensation.

Nevertheless, the defendant would pay 40,000 won per week from a person who has misrepresented the staff of the clothing purchasing agency in return for the lending of the check card.

“On September 28, 2016, upon receipt of the proposal, accepted the proposal, one physical card linked to the national bank account (B) in the name of the Defendant at an influenite-gu, Suwon-si, Suwon-si on September 28, 2016, and sent a password to the needy and the password by telephone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C;

1. Application of Acts and subordinate statutes to transfer;

1. Article 49 (4) 2 of the relevant Act and Article 49 (3) 1 and 10 of the Electronic Financial Transactions Act concerning the facts constituting an offense, and Articles 6 (3) 2 and 6 (3) 1 and 10 of the same Act concerning the selection of punishment, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act was the Defendant’s crime of this case, which led to the disturbance of the financial transaction order, and the head of passbook in the name of the Defendant was actually used for licensing crimes, and the third victim was the victim.

However, the defendant is the first offender.

Money deposited by the defendant in the passbook was returned to the victim.

The Defendant is against the instant crime.

In addition, the defendant's age, sex, motive and background of the crime, means and result of the crime, circumstances after the crime, records of the crime, and all of the sentencing conditions shown in the arguments of this case, such as the records, shall be determined by the same sentence as the order.

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