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(영문) 인천지방법원 2018.04.18 2018고단503

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, around December 4, 2017, the Defendant leased 4,00,000 won under the condition that he/she lent cock cards between one month in the vicinity of the Gangseo-gu Seoul Metropolitan Government Military Station, and, through Kwikwikset service articles, sent a personal identification card connected to the name in the name of the Defendant’s name-oriented bank account (D) to the Defendant’s name-free person via Kwikset service article, and lent a financial institution’s access medium to the Kakao Stockholm. The gist of evidence was that the Defendant promised to provide a personal identification number to the Defendant’s name-oriented bank account (D).

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

Unfavorable circumstances: The defendant's access media was actually used for the second crime and the damage was incurred.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

It is an initial crime with no previous record of punishment.