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(영문) 광주지방법원 2018.04.05 2018고단20
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall lend or lend any access medium while demanding and promising the consideration.

On August 10, 2017, the Defendant: (a) consented to the proposal that “I wish to use the account to be used for the reduction or exemption of liquor tax for three days on the Jeju-do, and to offer KRW 3 million per unit; and (b) sent one check card connected to the Defendant’s name bank (D) account before the Defendant’s opening store located in Gwangju Mine-gu, around August 10, 2017, through Kwikkset Service Articles, which sent the Defendant’s name to the Nonindicted Party, and sent the Defendant’s name to the Nonindicted Party via Kwikset Service Articles.

Accordingly, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing deposit without passbook;

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 (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. The act of lending a medium of access to the reasoning of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment since it can be used as a means of other crimes. The Defendant lent the instant access medium to the Defendant was also used for fraud.

However, the fact that the defendant was the first offender and is against the mistake, the fact that the victim of the crime of fraud was found to have recovered considerable part of the damage amounting to 5,067,020 won from 5,067,020 won from 4,366,811 won, and the fact that the defendant was unable to gain profits from the crime of this case, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc., shall be determined as per the disposition.

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