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(영문) 인천지방법원 2017.08.23 2017고단4808

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, the Defendant, on February 18, 2016, lent a medium of access to financial institutions, with the agreement to receive KRW 3,000,000,00 on the front side of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon on February 18, 2016, on condition that he lends the e-mail card for a day-day, and with the intention to provide a nameless person with a physical card connected to the Saemaul Treasury Account (C) in the name of the Defendant and a password attached thereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of financial transactions with the principal;

1. Written replies of financial transaction information;

1. Application of text-based statutes;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that lending of electronic financial transaction access media is highly likely to cause secondary damage, such as fraud, and that there is a high possibility of abuse in crime. Therefore, the relevant criminal liability is not weak.

However, in consideration of the fact that the defendant's mistake is recognized and reflected, it seems that he/she is not paid the price, and there is no same power, a fine shall be imposed as ordered by the disposition.