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(영문) 인천지방법원 2017.06.23 2017고단3291

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 lend any access medium used for electronic financial transactions to any third person for the purpose of receiving, demanding or promising the price therefor.

On March 29, 2017, at around 12:15, the Defendant received a proposal from a person whose name is unknown to provide a physical card of KRW 3 million on the roads of the C coffee shop located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. On March 29, 2017, the Defendant issued Kwikset Service Articles with whom his name is unknown to the Defendant’s Saemaul Bank account (D) and provided access media with the password notified.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. Application of the transaction details, the application of Acts and subordinate statutes to the Stockholm copy with a person who assumes a misrepresentation of alcoholic beverage company;

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 physical card, etc., which is an access medium, in return for promising the payment of consideration for the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, is likely to infringe on the safety and reliability of electronic financial transactions, as well as to be abused as a means of crime.

The personal card lent by the defendant is actually used to commit financial fraud and is likely to cause damage.

The defendant has a history of criminal punishment imposed eight times.

These circumstances are disadvantageous to the defendant.

However, the defendant is recognized as committing a crime in this court and is against the law.

There are several criminal records on the criminal punishment of the defendant, but it is mainly about the violation of the Labor Standards Act, and there is no criminal record of the same kind of crime or the suspension of execution.

No defendant may be deemed to have directly participated in a financial fraud crime.

The defendant is in this Court.