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(영문) 인천지방법원 2018.12.20 2018고단7976

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 any other Act, no person shall borrow or lend any access medium while receiving, demanding or promising to receive any consideration in using or managing any access medium of electronic financial transactions.

Nevertheless, the Defendant, on September 5, 2018, lent a physical card from a person who was in the name of the deceased on September 5, 2018, shall pay 80,000 won per day per week.

Upon receipt of the proposal, around 09:00 on September 11, 2018, in response thereto, from around 09:0, Seo-gu, Incheon, Seo-gu, 104 Dong 302, a total number of physical card cards (C) connected to the Defendant’s name bank account (D) and an enterprise bank account were issued to non-persons, and the password of each physical card was notified.

Accordingly, the defendant agreed to receive compensation and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on a detailed statement of transactions, a detailed statement of transaction by account, and a Kakao Stockholm conversation course closure;

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 (the status of an original criminal who has weak will to commit an offense and the consideration of preventing recidivism);

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;