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(영문) 수원지방법원 2018.04.04 2018고단265
전자금융거래법위반
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. If the defendant does not pay the above fine, 50 days.

Reasons

Punishment of the crime

On November 15:00 on November 7, 2017, the Defendant sent name-based bank account (C), bank account (D), and Saemaul Savings Depository account (E), respectively, to the Kwikseter service article who borrowed the account, sent to the Kwikseter with the name-based personal account of the Defendant and the name-based personal account of 3 million won per month. On November 7, 2017, the Defendant lent to the Kwikseter service article with the name-based personal account of 15:00,000 won per month. On the other hand, the Defendant sent to the Kwikseter service article with the name-based personal account of 15:00,000 won per month.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about personal information of customers;

1. Detailed statement of transactions of automation machinery;

1. Application of a copy of each bankbook;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (excluding punishment);

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by the Presidential Decree No. 334(1) of the Provisional Payment Order / [the scope of the applicable sentences] 20 million won or less (amended by the fine): In light of the fact that there is a need to strictize the act of lending an approaching medium at the time of the instant crime, and the Defendant lent an approaching medium to obtain monetary benefits even though the recipient of the approaching medium knew that it is used for an illegal day, and thereby, the Defendant was aware that it was used for the illegal day, and the circumstances favorable to the actual victim of the crime of fraud: The Defendant appears to seriously reflect: the Defendant’s age, occupation and environment; the Defendant’s age, the environment; the background and content of the instant crime; and the circumstances after the crime, etc., considered the sentencing conditions stipulated in Article 51 of the Criminal Act.

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