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(영문) 인천지방법원 2017.02.16 2017고단40
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

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall lend or lend any access medium with the receipt of, demand for, or promise to provide compensation in the course of using and managing the access medium.

Nevertheless, on May 12, 2016, the Defendant assembled Do block from a person who is in the name of the deceased on May 12, 2016 and borrowed the account of the head of the Tong to pay KRW 2.6 million per month.

On the same day, the vice factory complex located in Bupyeong-si, Seocheon-gu, Seocheon-si, Seoul, has opened a physical card to the company bank (E) account in the name of the defendant and opened the physical card with Kwikkset service engineer to the name in the name of the defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes on deposit transactions in accounts and business bank reply data;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the access media leased by the Defendant for the reason of sentencing appears to have been used for committing a fraudulent act; and (b) the fact that there was a record of criminal punishment three times; (c) the time of committing a crime; and (d) the fact that the actual acquisition of such media appears to have no profit, considering favorable circumstances; and (e) the punishment is determined as ordered by taking into account other favorable circumstances, such as the Defendant’s age, sex behavior, environment, motive and circumstance of the crime, and circumstances after committing the crime

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