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(영문) 서울남부지방법원 2018.04.25 2017고단6097
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium or distribute, keep, deliver or distribute any access medium while demanding, demanding or promising the consideration.

Nevertheless, around August 2017, the Defendant received KRW 200,000 as a rental fee, and issued to C a copy of the physical card connected to the bank account (Account Number: B) of the name of the Defendant in the Gangseo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes on account transactions in the name of the recipient;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act requires strict punishment as well as the background and content of the crime of this case where the crime is used as a means of other crimes. In practice, even in this case, even if the access media leased by the defendant was used for the crime of fraud, resulting damage was incurred therefrom, confession and reflects, and the amount of profits acquired is not much much, the first offender was the first offender, and other facts favorable or unfavorable to the defendant as shown in the pleadings such as the defendant’s age, career, health status, family relation, etc. were comprehensively considered.

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