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(영문) 창원지방법원 밀양지원 2018.07.05 2018고단198
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

No one shall issue a transaction instruction in electronic financial transactions or lend any access medium used to secure the authenticity and accuracy of users and the details of such transaction in return for the payment, demand or promise to do so.

Nevertheless, on September 12, 2017, the Defendant was called to the effect that “on the face of sending a e-mail card, the Defendant would execute the loan” from a person in an infinite name, and the Defendant sent the e-mail card (D) connected to the post office account in the name of the Defendant at the C Office located in Syang-si B by using the e-mail card.

As a result, the Defendant promised to pay for the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes on trading specification lists;

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. In light of the fact that there is no record of punishment prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act, and the sentencing conditions indicated in the records, such as the defendant’s age, environment, motive, means and consequence of the crime, the punishment as ordered shall be determined by taking into account the circumstances constituting the sentencing conditions indicated in the records.

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