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(영문) 인천지방법원 2017.04.21 2017고단392

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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, such as an electronic card, which is used to issue a transaction instruction in electronic financial transactions or to secure the accuracy and reliability of users and transaction details, with the promise of compensation.

On July 29, 2016, at around 16:00, the Defendant sent a physical card connected to the account under the name of the Defendant to the account of one bank (B) in order to receive KRW 2,100,000 per account in front of the Nam-gu Incheon Southern Bank.

As a result, the defendant promised to pay the price to the name of the victim and lent the approaching media to the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to deposit statements and transaction statements;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the physical card, which is an access medium, has been used for committing a crime of financial fraud, etc. which is the most serious social issue, and thus, the criminal liability is not minor.

However, the defendant is against the defendant, and he did not directly participate in the crime such as financial fraud, and he does not seem to have actually benefited from the crime.

In addition to these circumstances, the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., and all of the sentencing conditions in the process of the crime shall be determined as ordered by considering the following circumstances.