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(영문) 대전지방법원 논산지원 2018.09.14 2018고단327
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 with a promise to pay for the use and management of the access medium.

Nevertheless, the Defendant would pay KRW 3,000,000 if he/she lent a physical card from the person “B Company C” around December 19, 2017 to three days as it is necessary for tax reduction or exemption.

“On the receipt of the proposal, at the office of the upper month located on the top of the 25th of the same month, the post office sent one physical card connected to the account of the name of the Defendant at the office of the first month of the same month to the name in order to deliver the card, and around that time, the password was transferred to the Kaka Stockholm message.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes, such as written confirmation of transfer results;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) was that the Defendant committed the instant crime on the ground that the Defendant had easily committed the instant crime, thereby causing the singishing victim.

However, the punishment shall be determined by taking into consideration the fact that the defendant has mistakenly recognized and has no record of the same kind.

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