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(영문) 인천지방법원 2018.11.08 2018고단7145

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall lend or borrow any access medium while receiving, demanding or promising to receive compensation in using or managing access media to financial transactions.

Nevertheless, on June 22, 2018, the Defendant needs to account for the reduction of tax from a person who is infinite in D near the C Station located in Gyeyang-gu Incheon Gyeyang-gu, Incheon.

When sending a physical card, it shall be used for three days, and two million won per account shall be paid per account.

“Around the 25th day of the same month, “” heard the horses, sent a e-mail card connected to the SC bank account (E) in the name of the Defendant, and then sent a password to the name in Kakao Stockholm message, and around the 25th day of the same month, the e-mail card connected to the Defendant’s Saemaul Bank account (G) in front of the Defendant’s residence was sent to the name in e-mail and the Kakao Stockholm Stockholm message.

As a result, the Defendant promised to pay for, lent the access media to financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Application of Acts and subordinate statutes to the certificate of transfer transaction, the reply to a financial warrant, the details of text messages, the Saemaul Treasury and the SC Bank passbook;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of a fine for a crime, and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of a fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for crimes such as licensing, etc.

Nevertheless, the Defendant committed the instant crime in accordance with the interests of the Defendant.

However, his mistake is recognized and reflected.

There is no profit actually acquired.

There is no criminal record.

. Hui disc, etc.