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(영문) 인천지방법원 2018.07.18 2018고단4691

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising any consideration therefor.

Nevertheless, around 16:00 on March 12, 2018, the Defendant loaned the access media by delivering one physical card connected to the Defendant’s community credit cooperative account (C) through Kwikkset service to the name in an unspecified person with a promise to use the physical card for three days if he/she lent it from his/her name in an unspecified restaurant near Mapo-gu Seoul Metropolitan Government B, and to use it for three million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on response to data;

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 crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is for the defendant to receive the price and lend the check card to a person with no name. The above crime is not very good because the access media, such as the check card, can be used for another crime with great social harm and injury, such as voiceing, etc.

In fact, the physical card lent by the defendant was used for fraud crime.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

The defendant does not seem to have actually received any consideration.

Defendant has no record of punishment for the same kind of crime.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.