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(영문) 인천지방법원 2018.11.08 2018고단7111

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 borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding, or promising to receive any consideration in using or managing the access medium.

Nevertheless, on March 2018, the Defendant received a proposal from a person who was in the name of the deceased to pay KRW 3 million with a face-to-face fee from the person lending the passbook, and then received it. On March 2018, the Defendant sent one check- card connected to the Defendant’s name-to-face account (C) through Kwikwikset Service from Yeonsu-gu Incheon Metropolitan City around March 2018.

The approach media was lent.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. (A) the details of deposits, applications for opening accounts, and account transactions; and (A) the application of statutes;

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, his mistake is recognized and reflected.

There is no criminal record of the same kind.

There are circumstances in which the defendant used the deposited amount, but the circumstances are to be considered (142 pages of investigation records), and the defendant's age, sex, family relationship, property status, and other various sentencing conditions shall be taken into consideration, and the punishment shall be determined like the order.