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(영문) 인천지방법원 부천지원 2018.01.11 2017고단2597

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any Act, no person shall borrow or lend any access medium with the receipt, demand or promise of compensation in using and managing the access medium.

Nevertheless, on May 2017, the Defendant: (a) sent a written message stating “to use the bank account for three (3) days on the face of the week from the person in whose name the Defendant used the bank account; and (b) asked to lend the check card; (c) around that time, at his/her own residence located in Kimpo-si B, he/she sent the check card to the Defendant of the IBK Enterprise Bank’s Defendant’s name in his/her name in his/her name in his/her name in his/her residence; and (d) notified the name in his/her name in his/her name in his/her name in Kaka-si Stockholm.

Accordingly, the Defendant lent the above-mentioned access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a petition, a detailed statement of transactions, a search and inspection warrant or reply data;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions in which punishment is chosen, and the selection of fines (such as: (a) the fact that the defendant seriously reflects the mistake as the North Korean defectors; (b) the first crime; and (c) the number of loaned passbooks, etc.);

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;