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(영문) 의정부지방법원 2018.06.07 2018고단795
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 keep, deliver or distribute such medium, with respect to the use and management of any access medium.

On December 1, 2017, the Defendant, one of the agricultural cooperatives located in Cheongju-dong around December 1, 2017, was scheduled to use in the sports territory before the club and his name in the sports territory. On the other hand, two months will be used for the account lending, and three million won will be used.

“After accepting the proposal,” the proposal was sent to the nameless person through Kwikset delivery with one head of the physical card connected to the Japanese bank account (B) under the name of the Defendant and one password.

As a result, the Defendant promised to pay the price and lent the access media to financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes concerning financial data replies (A) and Kakao Stockholm dialogues;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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;

1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won; and

2. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, under the conditions below a fine of three million won.

The circumstances unfavorable: The circumstances favorable to the victim due to the defendant's account lending: The confession of the crime of this case, and the fact that the defendant has no record of other crimes between the last ten years.

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