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(영문) 인천지방법원 2019.10.08 2019고단2848
전자금융거래법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

On November 2018, the Defendant: (a) received a proposal from an unknown person to send a report on the Internet advertisement stating that he/she seeks a person who will receive high-profit profit-making part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement related to G;

1. Application of details of transactions, account number and photograph, and Acts and subordinate statutes on response data of banks;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The Defendant’s cream card was used for the scaming crime, causing considerable damage.

The favorable circumstances: Recognizing the crime, it is against the law.

The same shall not apply to the previous case.

The number of means of access leased is only one.

The defendant has no profit from the crime of this case.

Other conditions of sentencing, such as the defendant's age, character and environment, background leading to the crime, circumstances after the crime, and sentence of similar cases, shall be determined as per the order, taking into consideration equally the conditions of sentencing.

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