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(영문) 인천지방법원 부천지원 2018.04.26 2018고단605

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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising any access medium.

Nevertheless, on December 12, 2017, at around 16:00, the Defendant sent a physical card and password connected to the bank account under B (Account Number:C) in the name-based service provider located near the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, via a proposal that “The Defendant would lend the e-mail card under his name to KRW 10% compared to the daily transaction amount on the face of the week in which he lends the e-mail card to KRW 5 million for five days.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. A report on damage;

1. Application of detailed statements of deposit transactions and response data of financial transaction information to the statutes;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant transferred an access medium in return for promise; the nature of the crime is not good; the defendant's transferred access medium is used to commit the crime of Bosing; the circumstances favorable to the fact that the defendant was not agreed with the victim of Bosing: The fact that there was no record of punishment for the same crime; the fact that there was no record of punishment for the same crime; and the fact that there was no record of punishment for the same crime, and the circumstances after the crime, etc., shall be determined as the order by taking into account the various conditions of punishment as indicated in the record and the change theory.