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(영문) 수원지방법원 성남지원 2017.06.16 2017고단702
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, at around 15:00 on January 12, 2017, the Defendant: (a) called “a convenience store in front of the officetel B in Seongbuk-gu, Sungnam-si; (b) the head of the Tong performance should be accumulated in order to grant a loan; (c) the Defendant received the phone card from a person in an influence of name; and (d) the Defendant received the phone card from the person influence of name, stating that “When sending it, he/she will write off the performance and then make a loan.” (d) the Defendant entrusted an abnormal person with one head of the physical card linked to the national bank account in the name of the Defendant,

As a result, the Defendant promised to pay credit rating through false deposit and return to the name in return for the intangible expected interest of future loans, and lent the accessible media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Application of the relevant statutes to a certificate of deposit transaction;

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 on the Aggravated Punishment of Provisional Payment Order is that the instant access medium was actually used for committing a crime.

However, in full view of the fact that the defendant led to the crime of this case and there is no actual benefit from the crime of this case, the defendant has no record of punishment exceeding the same criminal record and fine, and the circumstances of Article 51 of the Criminal Act, etc., the punishment as the disposition of this case

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