beta
(영문) 인천지방법원 2018.05.24 2018고단3108

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium while receiving or promising any consideration in using and managing the access medium.

Nevertheless, the Defendant received a text message stating that “The physical card is a logistics company due to tax reduction or exemption, and will be given KRW 3 million if he/she lends the physical card for one month,” and around December 25, 2017, the physical card of the new cooperative account (C) opened in the name of the Defendant in the name of the Defendant in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, Kwikset service article, through Kwikset service article, sent the above nameless person, and notified the above bank password by telephone.

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

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 to the screen, confirmation, application for transaction, details of deposit and withdrawal transactions as a result of the transfer;

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 against the defendant.

No profit actually acquired shall be actually acquired.

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.