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(영문) 인천지방법원 2018.05.23 2018고단1356
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No one shall transfer or take over any access medium or lend or lease any access medium while receiving, demanding or promising the price therefor in using or managing the access medium.

Nevertheless, on November 27, 2017, the Defendant received 6,50,000 won in two accounts from a person in a nameless from a person in a nameless account in Nam-gu, Incheon, and through Kwikset Service Articles, the Defendant issued one passbook and one copy of the passbook to the Saemaul Treasury Account (Account Number: D) and the Credit Union Account (Account Number: E) under the name of the Defendant to the person in a nameless circumstances.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to report internal investigation (cases of a warrant of search and inspection of seizure) and report on investigation (Attachment of details of transactions of personal compromise accounts under the name of a suspect);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The access media leased by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to be used as a means of other crimes, such as Bosing, etc. In the meantime, the Defendant’s each crime of this case is against the Defendant, and there is no record of punishment for the same kind of crime, the number of access media leased by the Defendant, the Defendant’s age, sex, sex, environment, motive, means and method of each of the crimes of this case, and the conditions of sentencing as indicated in the trial process, shall be determined by comprehensively taking into account the following factors:

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