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(영문) 광주지방법원 2018.04.18 2018고단514
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

1. On December 5, 2017, the Defendant, at around 11:00, recommended “movable apartment” in front of “movable apartment,” located in the valley of the Gwangju Mine-gu, to “be paid KRW 3,00,000 per month in consideration of the lending of the account,” and consented thereto. On the other hand, the Defendant lent a approaching medium by granting Kwikset a cash card and other access media connected to the Nong Bank account (C) opened in the name of the Defendant, to receive, demand, or promise payment through Kwikset’s service.

2. On December 5, 2017, the Defendant, at around 18:00, recommended “movable apartment” on the street in the middle of the “movable apartment,” located in the Masan-ro, Gwangju Mine-gu, to “be paid KRW 3,00,000 per month in consideration of the lending of the account,” and consented thereto. On the other hand, the Defendant lent an access medium by granting Kwikset a cash card and other access media connected to the Nong Bank account (D) opened in the name of the Defendant, to receive, demand, or promise payment through Kwikset service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on details of transfer transactions and account transaction;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning the relevant criminal facts and the selection of a fine for the option of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - favorable circumstances: The defendant's mistake is recognized; the defendant has no record of being punished by a fine once a crime of another type in 2009; the defendant returned the money deposited to the connection account of the leased access medium; the defendant lent the access medium at a consideration and at a disadvantage: the use of the access medium for the so-called Bosing crime;

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