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(영문) 인천지방법원 2017.04.13 2016고단8548

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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, the Defendant, on August 4, 2016, lent to the extent of two weeks an account in need of other accounts due to the corporate tax related to alcoholic beverages from a person who was in the name of the deceased on August 4, 2016, to the extent of two weeks, would be equivalent to KRW 1.2 million.

The term "Twit Card was sent to two, and promised to receive the price, after receiving the phone call of "," and then, the Cze Card 1 and its password connected to the national bank account (C) in front of the Incheon Airport in Jung-gu Incheon Metropolitan City on the same day, and the kwikkset 1 and its password connected to the bank account (D) of the defendant's name and the kwikset service engineer.

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

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A certificate of deposit confirmation, a certificate of transfer confirmation, and a reply to details of transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 a selective fine (not only once a fine is imposed, but also there is no criminal record other than once a fine is imposed, and it reflects his/her fault, etc.) by taking into account the following:

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;