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(영문) 수원지방법원 2017.11.23 2017고단5228
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 January 2017, the Defendant would use the check card, etc. for one week at a distance of five meters in the vicinity of the shuttle-gu bus terminal in Yong-si, Young-si. The Defendant would use the check card, etc. to the extent of three million won on the face of the loan.

“On receipt of the proposal to the effect that “, through Kwikset’s service, sent physical cards, etc. linked to the company bank account (Account Number B) in the name of the Defendant, and lent a commercial access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes on certificates of deposit verification and financial reply data;

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 act of lending an electronic financial transaction access medium on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only an act of impairing the trust in electronic financial transactions, but also an act of causing additional damage by using the leased access medium for criminal acts.

The defendant's leased access media has actually been abused in criminal acts and has caused damage.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act shall be determined by taking into account the fact that there is no benefit obtained by the defendant due to the crime, and there is no previous conviction or suspension of execution of the same kind of crime, and other factors which are the sentencing conditions prescribed in Article 51.

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