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(영문) 인천지방법원 2016.11.17 2016고단6102

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

No person shall borrow or lend any "means of access", such as an electronic card, which is used to make a transaction request in electronic financial transactions or to secure the accuracy and reliability of users and the details of transactions.

On June 28, 2016, around 13:00 on June 28, 2016, the Defendant issued a physical card connected to the account (B) in the name of the Defendant in front of the Gyeyang-dong Hyundai Apartment, Gyeyang-gu, Incheon, under the condition that Kwikset will receive 2.5 million won, and notified the password by telephone communications.

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. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the means of access leased by the accused appears to have been used for the crime of fraud; (b) the fact that there is no record of criminal punishment except the fact that the accused has been sentenced to a fine (300,000 won) due to the violation of the Labor Standards Act; and (c) the fact that the actual gains have not been acquired; and (d) the punishment as ordered is determined by taking into account favorable circumstances; and (e) other conditions of sentencing, such as the Defendant’s age, character and behavior, environment, motive