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(영문) 인천지방법원 2017.03.31 2017고단845

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 lend or lend any access medium, such as an electronic card, which is used to issue a transaction instruction in electronic financial transactions or to secure the accuracy and reliability of users and transaction details, with the promise of compensation.

On November 29, 2016, around 13:00 on November 29, 2016, the Defendant sent a physical card connected to the post office account (D) account in the name of the Defendant in front of the Dong-gu Incheon apartment site B apartment, via Kwikset service, on condition that he receives KRW 1.5 million from the post office account in the name of the Defendant.

As a result, the defendant promised to pay the price to the name of the victim and lent the approaching media to the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A copy of the deposit statement (E) and a copy of the passbook;

1. Application of Acts and subordinate statutes by cutting down a medium country sign and a Kakao Stockholm conversation and cutting down text conversationss;

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 act of lending a e-mail card, which is an access medium, in return for the payment of consideration for the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, is a situation unfavorable to the Defendant, such as the act of infringing on the safety and reliability of electronic financial transactions and is likely to be abused as a means of crime. The fact that the e-mail card lent by the Defendant was actually used for committing the act of fraud of Internet goods prices and causing damage.

However, the records and records that are favorable to the defendant, such as the defendant's age, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc., in addition to the punishment of a fine of KRW 500,000 in around 194, the defendant did not have any record of criminal punishment, and the defendant did not take any profit from the crime.