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(영문) 창원지방법원 2018.06.08 2018고단1030
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 3, 2018, the Defendant received a proposal that “If he/she lends his/her physical card, he/she will pay 3 million won per month of the physical card in return for the lending of the physical card” from a person who has no name in the name of the deceased.” The Defendant accepted the proposal.

On February 8, 2018, the Defendant leased an access medium to the name in front of the central market in the Gwanak-gu, Chungcheongnam-gu, Chungcheongnam-do, which is the access medium connected to the community credit cooperative account (B) in the name of the Defendant, by inserting a copy of the physical card, which is an access medium connected to the community credit cooperative account (B) in the name of the Defendant, and delivering it to the Kwikwikset service article who was ordered by the name of the deceased.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on report of occurrence;

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, and Article 6 (3) 2 (Punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Sentencing sentence of Article 334 of the Criminal Procedure Act (in a case where the sentencing criteria are not set) of the Criminal Procedure Act: Imprisonment with prison labor for the period of eight months: Reasons for a mitigation, such as that the access media that the defendant has exceeded actually used for committing a crime of telecommunications fraud: confession, initial crime, etc.;

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