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(영문) 의정부지방법원 2017.11.01 2017고단3453
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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, on March 27, 2017, the Defendant was paid KRW 50,000 in return for lending the check card for a day from the person in non-name and in front of the D building located in Dongducheon-si, the Defendant’s bank account in the name of the Defendant (E indictment contains “G” but is deemed to be a clerical error).

A head of the Cwikset Card, linked to the Kwikset, issued a name-non-person via Kwikset Service.

Accordingly, the Defendant lent the approaching media while receiving compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes governing verification;

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. Consideration of favorable circumstances, such as the confession of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the Defendant’s leased media was used for committing a crime, the probation period due to a crime, and the fact that it is a serious crime committed in the course of another crime, etc.

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