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(영문) 인천지방법원 2018.09.19 2018고단5054

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

No person shall lend any medium access to electronic financial transactions in return for the consideration therefor.

Nevertheless, on May 2, 2018, the Defendant received a proposal from a person who was in the name of the deceased, stating that “The Defendant would lend a physical card to the head of Chapter 1,500,000 won,” and consented thereto. On the same day, the Defendant transferred the physical card connected to the Defendant’s bank account (C) in the name of the Defendant at Kwikset service articles on the same day.

As a result, the Defendant promised to pay for, lent access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing D’s petition;

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. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

Unfavorable circumstances: The defendant's access media was actually used for the second crime and the damage was incurred.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There is no record of punishment, except for those subject to punishment once by fine.