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(영문) 인천지방법원 2017.12.07 2017고단7505

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall lend any access medium in return for receiving or promising to receive such consideration.

Nevertheless, on July 2017, 80,000 won will be paid if it is the head of the construction company as the head of the team of the construction company, who is necessary for tax reduction and exemption from the name of the police officer.

“After receipt of a proposal to the effect that it was accepted, and thereafter, on July 31, 2017, 15:00, Incheon Dong-gu, Incheon, through Kwikset’s service, one e-mail card connected to the new bank account (C) in the name of the defendant in front of Dong-gu, Incheon, via Kwikset’s service, sent the card to the above person without a name and added the password.

Accordingly, the defendant agreed to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the transfer data and the disposable new data (transaction details, etc.);

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 Act on Electronic Financial Transactions through which punishment is selected, and the selection of fines;

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

1. The act of transferring the physical card or password on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for sing, singing, etc., and thus, the social music is reasonable.

Nevertheless, the Defendant committed the instant crime in accordance with the interests of the Defendant.

However, the defendant recognized his mistake and reflected his mistake.

There is no criminal record against the defendant.

The punishment shall be determined as ordered in consideration of the circumstances above and other conditions of sentencing, such as the age, sex, family relationship, property status, etc. of the defendant.