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(영문) 전주지방법원 2018.07.18 2018고단948
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

On March 2, 2018, the Defendant received a written message from a person without his/her name, stating that he/she would pay 800,000 won per day on the face-to-face loan of the check, and promised to receive 80,000 won per day on condition that he/she lends the check on the face-to-face loan. On the same day, the Defendant sent the check card, etc. connected to the former North Bank Account (Account Number: D) under the name of the Defendant to a person without his/her name using his/her name, and lent a accessible medium to a Kakao Stockholm.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the details of replies;

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 crime of transferring the access media under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is an unfavorable circumstance, such as the fact that the Defendant’s access media provided was actually used for an actual crime.

However, considering favorable circumstances, such as the fact that the defendant did not take actual benefits due to the crime of this case, the defendant was the first offender, and the fact that he recognized his criminal act and divided, the punishment as ordered shall be determined by considering various sentencing conditions, such as the defendant's age, sex, environment, etc.

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