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(영문) 의정부지방법원 2018.05.02 2018고단696
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

On December 2, 2016, the Defendant received a proposal from Suwon-si B, which stated that “The Defendant would lend a passbook to use a private sports climate” from C, and in response to the proposal, the Defendant received a letter of check, a card connected to the national bank account (D) in the name of the Defendant, and issued KRW 3 million in return.

Defendant 1 committed an act of lending an access medium in return for the above payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Application of Acts and subordinate statutes on financial transactions;

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. The act of lending a medium of access to the sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment since it can be used as a means of other crimes.

In this case, the access media leased by the defendant was used for the operation of illegal gambling sites.

However, the defendant is making confession of the crime of this case, and the defendant does not have the same criminal record.

In addition to these circumstances, the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and circumstances revealed in the arguments in this case shall be determined as ordered in consideration of the following circumstances.

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