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(영문) 의정부지방법원 고양지원 2018.12.14 2018고단2190
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall lend any access medium used in electronic financial transactions to any third person while promising to receive such consideration.

Nevertheless, on June 22, 2018, the Defendant received a proposal from his name-free persons in the Dong-gu B Guard room in Yongsan-gu, U.S., U.S. and sent three physical cards connected to the Defendant’s bank account (C), the Saemaul Treasury account (D), and the National Bank Account (E) account to Kwikset on June 22, 2018.

Accordingly, the defendant promised to receive compensation and lent the access media of electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. The details of transactions with the Korean bank, the details of transactions with the Saemaul Treasury, and the details of transactions with the Korean bank;

1. Application of the Acts and subordinate statutes governing text message pictures and Kakao Stockholm conversations;

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. The access media leased by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is actually used for other crimes, and the liability for such crime is not less complicated.

On the other hand, the defendant has never been subject to criminal punishment in depth, and there is no benefit from the crime of this case.

The sentence is determined as ordered by considering all factors of sentencing as shown in the argument of the instant case, such as the circumstance in which the Defendant’s age, sex, environment, family relationship, and access media have been transferred.

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