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(영문) 대구지방법원 김천지원 2018.08.16 2018고정198
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 March 27, 2018, the Defendant would lend 80,000 won per share to the C store located in the Gu-U.S. Si-si B, and the Defendant would give 800,000 won per share from the person in an influence of his name.

“I hear the horses, and lend the access media to the Defendant’s Saemaul Bank Account (Account Number D), the Bank Account (Account Number E), and the Daegu Bank Account (Account Number F), with a total of three copies of the Cze Card, each linked to the Account in the name of the Defendant, respectively, on the basis of promising to pay to the an article of the Gate.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes reporting details of transactions by account and investigation results by account;

1. Article 49 (4) 1 and Article 6 (3) 1 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. The act of transferring a medium of access to the reasoning of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as it can be used as a means of other crimes. The access media transferred by the defendant is also used for the criminal act of using it as a means of other crimes. The defendant is a disabled person of class 6 with delay disability, there is no criminal conviction exceeding the same kind and fine, and the defendant's age, sex behavior, environment, family relationship, motive and consequence of the crime, etc. are determined as ordered in consideration of the various circumstances revealed in pleadings, such as the defendant's age, sexual behavior, family relation, motive and consequence of the crime, etc.

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