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(영문) 인천지방법원 2016.03.17 2015고단6724

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No person shall lend an access medium while demanding, demanding or promising the consideration in using and managing the access medium of the Electronic Financial Transactions Act.

Nevertheless, the Defendant would give KRW 1.5 million on July 30, 2015 to a person whose name is unknown from the person whose name is unknown.

" Upon receipt of the proposal, Kwikset service article sent by a person who is unable to know the above name at the 3rd page of each end in Jongno-ro 55 Seoul Jongno-gu, Jongno-gu, to the Defendant's name corporate bank account (C) and our bank account (D), and added a password by telephone.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement to E, and statement of the number of leaps;

1. Notification of current status of financial transactions (27 pages of investigation records, No. 84550, 2015), provision of financial transaction information (22 pages of investigation records, No. 88608, 2015) and the application of Acts and subordinate statutes;

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

1. Article 40 and Article 50 of the Criminal Act, the selection of penalties, and the selection of fines;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, lending, etc. of the access medium for electronic financial transactions, such as the instant crime, to another person is a crime that may impair the trust and safety of financial transactions and use the access medium leased therefrom for singing. As a result, the actual crime of this case committed by the Defendant to a person whose name is not known, causing damage to many people by using the access medium for singing. In light of such circumstances, the Defendant’s quality and the criminal intent of the instant crime are not good.

However, the defendant recognized all of the crime of this case, and the defendant lent access media.