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(영문) 춘천지방법원 원주지원 2019.05.02 2019고단92
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

At around 11:30 on November 14, 2018, the Defendant called “on the front side of the original city, if you send a e-mail card, I would like to carry out a loan by piling up transaction records” from a person who has no personal standing in the name of the Defendant, and sent one e-mail card connected to the d bank account (E) under the name of the Defendant through Kwikset service article.

Summary of Evidence

1. Defendant's legal statement;

1. B Written statements;

1. Application of Acts and subordinate statutes to each transaction account certificate (A);

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, Etc. of Application for Compensation (not an offense subject to compensation order under the Act on Special Cases Concerning the Promotion, etc. of Lawsuits): The means of access to which the Defendant transferred was used for licensing crimes.

A favorable circumstance: The defendant expected an intangible benefit that he/she can get a loan and transferred the means of access. There are reasons to consider the crime as a crime and an motive in particular.

The defendant transferred one means of access.

The defendant was not able to take advantage of the crime of this case.

There is no record that the defendant is subject to criminal punishment for the first offense.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as

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