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(영문) 수원지방법원 여주지원 2018.06.11 2018고단358
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 while demanding, demanding or promising the consideration.

Nevertheless, on January 2018, the Defendant is a liquor company, and the check card is necessary to reduce taxes.

It is intended to lend the e-mail card to KRW 900,000 on the face of the week by lending it between the molds.

On January 29, 2018, at around 17:00, the Plaintiff received the text message of “C” and sent a physical card linked to the Defendant’s name SC bank account (D) to an unspecified person via a selective program, and sent one physical card linked to one bank account (E) with the Defendant’s name, and used a mobile phone text message to provide compensation in a way of informing the password by the mobile phone text message.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Statement of separate transactions by account, etc.;

1. Investigation report (to file details of transactions in a single bank under the name of the suspect), and details of transactions in a single bank;

1. Copy of the statement made to G by the police;

1. Application of Acts and subordinate statutes to a copy of a deposit transaction;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the access media leased by the Defendant for the reason of sentencing is disadvantageous to the fact that the damage was incurred due to the use of the Defendant’s actual fraudulent crime. However, considering the fact that the Defendant’s promise was not paid, the fact that the Defendant is against the instant crime, and the fact that the Defendant was an initial offender who has no such criminal history, the punishment as set forth in the order shall be determined by taking into account the motive and background of the Defendant’s statement, the Defendant’s age, environment, etc.

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