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(영문) 인천지방법원 2016.10.11 2016고단5544

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 May 29, 2016, in Incheon Gyeyang-gu B and Dong, the Defendant promised to deliver a physical card linked to the account of the National Bank C in the name of the Defendant to the name-oriented party through Kwikset Service and lent the means of access to the compensation, subject to the receipt of KRW 2.4 million.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

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

1. Selection of an alternative fine to impose a sentence (to recognize the error of one's own and reflect it, and to take into account the first offender who has no record of criminal punishment);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;