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(영문) 서울남부지방법원 2018.10.24 2018고단3244
전자금융거래법위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium or distribute, keep, deliver or distribute any access medium while demanding, demanding or promising the consideration in using or managing any access medium for electronic financial transactions.

Nevertheless, on March 2018, the Defendant promised to engage in commercial sex acts from a person who assumes a false name in the name of a commercial sex acts and receive money in return for 1/2 of the chemical name. On March 3, 2018, the Defendant sent a physical card connected to the national bank account (Account Number: E) under the name of the Defendant to the above person without the name of Kwikset service and notified the password.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to the defendant during the police interrogation protocol (the contents of the Kakao Stockholm message, etc.);

1. A written statement;

1. Application of A Acts and subordinate statutes on response to financial information;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the Defendant, while pursuing Abane, listened to the statement that he/she is in need of a bareboat card from G to receive a part-time fee. As such, the Defendant leased the approaching medium with a promise to pay the part-time fee.

shall not be deemed to exist.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the Defendant was instructed by the person “G” to display a physical card on the condition of referring to referring to referring to referring to referring to referring to referring to referring to referring to referring to referring to referring to referring to referring to referring to referring to referring to referring to referring to 50%

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