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(영문) 인천지방법원 2018.08.13 2018고단2010
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No one shall transfer or take over any access medium or lend or lease any access medium while receiving, demanding or promising the price therefor in using or managing the access medium.

Nevertheless, on December 18, 2017, the Defendant received 500,000,000 won from one account in favor of the Defendant’s office located in Ansan-gu B, Ansan-si, and via Kwikset Service Articles, the Defendant issued one copy of the personal account (Account Number: C) and one copy of the personal account (Account Number: D) of the Defendant’s name in favor of the Defendant.

Accordingly, the Defendant promised to pay for the above, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the certificate of transfer transaction, or a copy of the account transaction;

1. Application of the laws and regulations on the conversation of Kakao Stockholm messages;

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 reasons for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shall be limited to two or more access media leased by the defendant, taking into account the fact that the defendant has no previous convictions in the same way, the decision of fine shall be made and the punishment shall be determined in the same way

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