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(영문) 인천지방법원 2016.11.24 2016고단6940

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 "means of access", such as an electronic card, used to make a transaction request in electronic financial transactions or to secure the accuracy and reliability of users and the details of transactions, in promise of any consideration.

On July 23, 2016, the Defendant sent two physical cards linked to the bank account (B) in the name of the Defendant in the name of the Defendant in the mutual influent parking lot located in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, and the Agricultural Cooperative (C) account, via Kwikset Service, to the name-oriented person on the condition that he receives 1.8 million won per account.

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a selective fine for punishment (the punishment shall be determined in consideration of the fact that the defendant seems to have little profits from the crime of this case, and that there is no record of punishment exceeding the fine);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;