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(영문) 광주지방법원 2018.06.07 2018고단1054
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

In using and managing access media, no one may lend access media while receiving, demanding or promising the consideration, except as otherwise expressly provided for in other Acts. On November 20, 2017, the Defendant promised to receive KRW 800,000 in return for the consideration in front of the C office located in Seongdong-gu Seoul, Seongdong-gu, Seoul, to receive KRW 11:00,000 in advance of the C office in Seongdong-gu, and issued a copy of the physical card linked to the No.C. (Account Number D) in the name of the accused to the name in the name of the accused.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Confirmation of transaction details (20 million won), financial transaction details (AFC Account);

1. Application of the Kakao Stockholm dialogue legislation

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. In light of the circumstances that the Defendant’s access media for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “The Criminal Procedure Act”) was actually used in the crime and damaged by the Defendant, the Defendant did not actually acquire the consideration for the instant crime; the Defendant did not actually acquire the consideration for the instant crime; the Defendant’s confession as an initial crime without any previous conviction and reflects the mistake; and other factors of sentencing as revealed in the course of investigation and trial are comprehensively considered, and the Defendant is punished by a fine sentence like the Disposition.

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