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(영문) 의정부지방법원 2017.10.19 2017고단3459
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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, at around 17:00 on June 1, 2017, the Defendant received KRW 40,00 from the person in an infinite University located in Seoul Special Metropolitan City, Nowon-gu, and issued Kwikset-line one copy connected to the Defendant’s bank account (C).

Accordingly, the Defendant lent the approaching media while receiving compensation.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Details of transactions;

1. Account transactions in the name of A;

1. Application of Acts and subordinate statutes governing the Kakao Stockholm message sent and received with a person in secret;

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

1. Taking into account the following factors: (a) the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, considering the fact that the Defendant was assigned a physical card in his/her idea that he/she intends to write down comments on his/her behalf; (b) economic difficulties arise; (c) he/she is temporarily in school due to economic difficulties; and (d) he/she is in profoundly against the Defendant; and (c) the Defendant has no previous conviction.

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