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(영문) 인천지방법원 부천지원 2018.04.26 2018고단436

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall lend or lend any access medium while receiving, demanding or promising compensation therefor.

Nevertheless, on November 22, 2017, the Defendant sent two physical cards to be used at the Internet gambling site by telephone from a person who is infinite name on November 22, 2017.

" Upon receipt of the proposal, I sent to Kwikset service article who sent the non-persons of the physical card connected to the new bank account (D) held in the name of the defendant in the name of the defendant in the B and one physical card connected to the same national bank account (E).

As a result, the defendant demanded compensation and used the approaching media respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on financial transactions;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The following conditions are comprehensively taken into account: (a) the access media transferred by the Defendant was used for the criminal act of licensing and reflects the Defendant’s wrong recognition; (b) the Defendant agreed with the victim of the criminal act of licensing; (c) the initial offender was the offender; and (d) the motive and background of the criminal act; and (e) the circumstances after the criminal act were committed, etc.; and (c) the conditions of various sentencing as indicated in the records and arguments.