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(영문) 인천지방법원 2018.02.23 2017고단9350

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

Except as otherwise expressly provided for in any other Act, no person shall lend any means of access to electronic financial transactions to any third person for the purpose of receiving, demanding or promising any consideration.

Nevertheless, around 17:50 on October 19, 2017, the Defendant decided to receive KRW 200,000,000 from a person in an infinite name in the latter part of the 70 Hyundai Apartment-ro, Incheon Gyeyang-gu, to receive a loan for 10 days from the person infinite name, and then transferred the card to a new bank card (B) in the name of the Defendant, and extended the identification number of the above physical card to the person infinite name through Kakao Stockholm, thereby lending the access media of financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes concerning financial transactions in the principal;

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. Article 334(1) of the Criminal Procedure Act provides for the amount of fine by taking into account the favorable circumstances for sentencing (such as the violation of the crime, the profit gained by the crime in this case, and the primary crime) of the Criminal Procedure Act, and the amount of fine shall be determined by taking into account the above favorable circumstances, other than the above favorable circumstances (the fact that the access media of the defendant lent was used for the crime) and all other favorable sentencing conditions revealed in this case.