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(영문) 서울중앙지방법원 2018.08.30 2017고단9037
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

No person shall lend any access medium while promising to make a price.

around September 2017, the Defendant would lend 300,000,000 won to the trading company for five days on the front of the Lifelong Learning Center located in Mapo-gu Seoul Metropolitan Government.

“The Kwikset in receipt of text messages lent one head of Cock Card connected to the new bank account (B) in the name of the Defendant to the person in distress using Kwikset’s service.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of the A-transaction response statutes, such as details of transfer of damage amount;

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) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: It is necessary to strictly punish the transfer of the access medium for electronic financial transactions as a means of other crimes. In fact, even in this case, the circumstances in which the access medium transferred by the defendant was used for the singing crime: there is no record of criminal punishment; the defendant’s age, sex, criminal conduct, career, home environment, motive and means of the crime, and circumstances after the crime, etc. are considered in light of all the circumstances that are the conditions for sentencing specified in the pleadings of this case, including the defendant’s age, sex, career, home environment, motive and means of the crime

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