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(영문) 광주지방법원 순천지원 2019.03.28 2018고단2329
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on June 22, 2018, the Defendant: (a) heard the horses that “I will give KRW 2 million on 15 days if I lend the tew cards to be used for tax reduction and exemption; (b) I will give KRW 3 million on one month; and (c) million on one month; (c) used Kwikset services at the bus stop prior to the bus stop in order to use Kwikset services to the name of the Defendant’s Association (C) accounts, and sent a copy of the ew cards connected to the Defendant’s name.”

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Verification of results of electronic financial transfer, application of each specification of transactions, and applicable Acts and subordinate statutes to E messages;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order can be used as a means of means of access for electronic financial transactions, and in this case, the means of access leased by the defendant was used for the crime of Bosing.

The Defendant committed the instant crime without being aware of it during the period of probation.

Of the money deposited into the account, 200,000 won was acquired and used.

However, the defendant acknowledges his mistake and does not repeat again.

There is no same power.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and various circumstances revealed in the trial process shall be determined as per the order.

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