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(영문) 대전지방법원 공주지원 2019.05.03 2019고단78
전자금융거래법위반
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

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

Nevertheless, on December 1, 2018, the Defendant offered a proposal that “The Defendant will use the card for 20 days on the leased date, and pay the user fee of 4 million won.” On January 14, 2019, the Defendant promised to lend the means of access by delivering a physical card connected to the account in the name of the Defendant at the B apartment guard room in the official city in the official city in the official city in the official city in the official city in the official city in the official city in the official city in the name of the Defendant through one house.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of statutes governing transaction details in the name of A;

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. It is necessary to comprehensively consider various sentencing conditions in the process of trial and records, such as the fact that the defendant gains 3 million won through the crime of sentencing reasons under Article 334(1) of the Criminal Procedure Act, the defendant's mistake is recognized, and the initial offender is the primary offender.

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