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(영문) 인천지방법원 2018.05.03 2018고단1914

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 one shall transfer or take over any access medium or lend or lease any access medium while receiving, demanding or promising the price therefor in using or managing the access medium.

Nevertheless, around October 16, 2017, the Defendant received 1,80,000,000 won from the deceased person of his name in order to receive 3 days from the deceased person of his name in order to pay 3 days from the Nam-gu, Incheon Metropolitan City 3 Dong-gu 864-16, and through Kwikwikset Service Articles, the Defendant issued a copy of the kwikset Card to the deceased person of his name in the name of the Defendant’s name (Account Number: B).

Accordingly, the Defendant promised to pay for the above, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition;

1. Application of Acts and subordinate statutes on transfer receipts;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment: Fines of not less than 50,000 won but not more than 20 million won;

2. The sentencing criteria are not set for a violation of the Electronic Financial Transactions Act in which the sentencing criteria are not set;

The sentencing criteria are not applied because of the choice of a fine: The electronic financial transaction access media that transferred or lent to another person a fine of three million won can be used for fraud crimes such as Bosing, etc., which may cause damage to many and unspecified persons, and in fact, considering the fact that the account of the access media that the defendant lent was used for fraud crimes, it is necessary to severely punish the defendant.

However, the defendant recognized the crime of this case and reflects his mistake in depth, the defendant seems to have no profit gained from the crime of this case, and there is no significant record of the crime exceeding the fine.

Criminal records are also the same kind of crimes.