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(영문) 의정부지방법원 2017.03.16 2017고단393
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

No person shall borrow or lend an access medium while receiving, demanding, or promising to receive, or promise any consideration in using or managing the access medium.

On May 27, 2016, the Defendant would lend a physical card to the game money exchange, and KRW 3 million when he/she lends the physical card to the game money exchange.

Upon receipt of a proposal to the purport, around June 15, 2016, the Seoul Jung-gu Seoul Central District Office lent a new bank (D) account-related physical card with the Defendant’s name at the front of the building C, thereby lending the access media with a promise to pay.

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 to notify the verification certificate of electronic financial transactions, application for bank transaction in Vietnam (application for bank transaction), data on current status of financial transactions;

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. Article 334(1) of the Criminal Procedure Act provides that the criminal liability of the defendant shall not be less than that of the defendant for the second time due to the occurrence of the second injury, such as the occurrence of the actual deposit of money with the defendant's account for the sentencing of the punishment, but the criminal liability of the defendant shall be determined as ordered by taking into account various factors of sentencing such as the defendant's age, criminal record, sex behavior, environment, family relation, motive and circumstance of the crime, and circumstances after the crime, including the fact that the defendant's actual profit from the crime of this case seems to exist, and there is no criminal record.

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