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(영문) 인천지방법원 2018.11.06 2018고단7077

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

No person shall borrow or lend any access medium, or store, deliver or distribute such medium by requiring or promising to receive any consideration in using or managing the access medium.

Nevertheless, on July 25, 2018, the Defendant called "to lend 700,000 won to a person without his/her name" from a person with no name, and agreed to lend e-mail cards to a person with no name and receive money, and then, on the same day, e-mail card 2 linked to the Saemaul Treasury Account (C/D) in the name of the Defendant in front of Dongjak-gu Seoul, Seoul, Kwikkset Service, sent e-mail to a person with no name.

As a result, the Defendant promised to give instructions in electronic financial transactions or to offer access media used to ensure the authenticity and accuracy of the contents of transactions with users and users.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Response to a request for financial transaction information;

1. Details of transactions of deposits and withdrawals;

1. Application of text-based statutes;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;