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(영문) 울산지방법원 2018.03.28 2018고정180
전자금융거래법위반
Text

Defendant shall be punished by a fine of 1.8 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 other Acts, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the receipt, demand or promise of compensation.

Nevertheless, on July 4, 2017, the Defendant: (a) received a letter from an Buddhist person to the effect that “the Defendant would pay 40,000 won per day on the face of lending an account in need of product refund; and (b) in response, around 15:20 on the same day, the Defendant sent one physical card connected to the Defendant’s name bank account (Account Number: D) through Kwikset’s service at the third floor CPC of the building in Ulsan Nam-gu, Ulsan-gu, Seoul Metropolitan City.

Accordingly, the Defendant promised to receive compensation, and lent an approaching medium.

Summary of Evidence

1. Application of Acts and subordinate statutes to police report (Attachment, such as a detailed statement of transactions) on the police statement E to the defendant's legal statement;

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. Taking into account all the circumstances, such as the initial crime of sentencing under Article 334(1) of the Criminal Procedure Act, the background leading to the crime, the fact that the damage resulting from the instant crime was fully recovered, and the distribution of the same crime’s sentencing.

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