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(영문) 인천지방법원 2018.07.13 2018고단2390

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 person shall lend or lend any access medium while receiving, demanding or promising compensation therefor.

Nevertheless, on November 28, 2017, the Defendant would offer three million won per month of the account to receive double taxation reduction or exemption.

At around 20:00 on the same day, he sent to Kwikset service article one physical card connected to the new bank account (B) in the name of the defendant in front of Samsung Twit-dong, Seo-dong, Incheon, Seo-dong, 1108-6, Samsung Twit-dong, and sent it to Kwikset service article.

As a result, the Defendant promised to receive the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of each financial transaction;

1. Application of Acts and subordinate statutes governing text messages;

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 of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the said Act

These crimes are likely to be criticized in that they disrupt the reliability and safety of electronic financial transactions and cause additional damage to crimes using access media.

The Defendant had a history of criminal punishment on two occasions, including one-time criminal records, and, in particular, was sentenced to the suspension of the execution for eight months on November 10, 2016 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes Act"), and was finally and conclusive at that time during the suspension period.