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(영문) 인천지방법원 2018.07.26 2018고단3981

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 one shall transfer or take over any access medium or lend or lease any access medium while receiving, demanding or promising the price therefor in using or managing the access medium.

Nevertheless, around March 13, 2018, the Defendant received 2,400,000 won per account from a person who has no name from a third party in terms of C's home delivery D located in Seo-gu Incheon, Seo-gu, Incheon, and issued a copy of C's card for the National Bank account (Account Number E) in the name of the Defendant to the above person who has no name in the name.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Cash card delivery books, photographs by which the suspect leaves a substitute victim who carries a cash card under the name of another person, and seized articles and photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts, Articles 49(4)2, 6(3)2, and 6(3)2 of the Act on Electronic Financial Transactions for the Selection of Punishment, and the Selection of a fine for a crime (it is not appropriate to commit a crime because the access media leased by the defendant was actually used for the criminal of Bosing, but the crime is not good, such as the fact that the defendant is the first offender, and the fact that the defendant is against his/her wrongness, etc.);

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

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