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(영문) 인천지방법원 2017.03.15 2016고단8779
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 1, 2016, the Defendant received a proposal stating that “The Defendant shall pay KRW 1,50,000,000 per a face-to-face account, KRW 2,000 per week, and KRW 3,60,000 per two accounts,” and on the same day, in Seo-gu Incheon, Seo-gu, Incheon, through Kwikset service articles, lent a accessible medium by promising Kwikset to receive the benefit of notifying the secret number by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a warrant of search and seizure verification (the details of transactions of entry into and departure from an account in the name of the defendant);

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 reasons for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) of the Criminal Procedure Act are as follows: (a) the Defendant’s promise to pay for the consideration and lending of the approaching medium is not less than those prescribed; (b) the Defendant has no same power to pay; (c) the Defendant has no same kind of power; and (d) the Defendant has recognized and reflected

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