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(영문) 인천지방법원 2018.07.05 2018고단4153

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall lend any access medium while receiving, demanding or promising the consideration.

Nevertheless, on September 25, 2017, the Defendant agreed to receive KRW 500,000 from the person in non-name in front of the opening-gu No. 16, Bupyeong-gu, Incheon, to receive KRW 160,000 per day from the person in non-name in front of the opening-gu No. 16, and issued a physical card (Account Number B) and issued it to the person in non-name, which is connected to the one bank account under the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes, such as details of transactions, closure of a screen, and details of Defendant’s account;

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 medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for crimes such as licensing, etc.

Nevertheless, the Defendant committed the instant crime in accordance with the interests of the Defendant.

However, the defendant recognized his mistake and reflected his mistake.

There is no criminal record.

The punishment shall be determined as per the order by selecting a fine in consideration of the conditions of all the sentencing, such as the defendant's age, sex, family relationship, property status, etc.