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(영문) 광주지방법원 장흥지원 2018.01.11 2017고단220
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall lend any access medium while receiving, demanding or promising compensation.

Nevertheless, on May 25, 2017, the Defendant agreed to receive KRW 6 million from the person in distress in his name from the Namjin-gun, and agreed to receive KRW 6 million from the person in distress through Kwikset Service, and opened three copies of the Postal Card, each of which is an access media connected with the Defendant’s name-based bank account (C), Gwangju Bank account (D), and Han Bank Account (E).

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 on investigation reports (Attachment of a receipt for payment of damage, etc., attachment of account transactions in a national bank under the name of A, details of account transactions in a bank under the name of Gwangju Bank, etc

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. In full view of the elements of sentencing under Article 334(1) of the Criminal Procedure Act as well as the elements of sentencing under the grounds for sentencing, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sexual conduct, environment, circumstances before and after the crime, and circumstances before and after the crime, the punishment is determined as ordered.

favorable sentencing elements: The fact that the defendant acknowledges and reflects his mistake; the first offender;

. Unfavorable sentencing elements: The leased approach media is used for crimes such as Bosing, etc., so there is a high need for punishment, and in this case the Defendant’s check card is used for the crime.

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