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(영문) 수원지방법원 2018.10.18 2018고단4573
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 July 2018, the Defendant sent the personal check card from the name sub-sicker B (the team leader of the liquor company) on July 2018, giving KRW 3 million if used for three days, and KRW 9 million if used for five days.

“Along with the Defendant’s name in contact with, and consent to, the recipient’s text message, and then leased the accessible Media through Kwikset Service Articles, 2(D, and E), respectively, linked to the Defendant’s name bank account in Suwon-gu C and 602 before the Defendant’s home.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to transaction statements and provision of financial transaction information;

1. Article 49 (4) 2 and Article 6 (3) 2 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 lending an electronic financial transaction access medium on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only an act of impairing the trust in electronic financial transactions, but also an act of causing damage to a large number of victims by using the leased access medium for a criminal act such as telecommunications financing fraud.

The defendant's leased access media has actually been abused in criminal acts and has caused damage.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act shall be determined as ordered by taking into account the fact that the defendant's mistake is recognized, there is no benefit acquired by the crime, and there is no record of criminal punishment.

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