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(영문) 인천지방법원 부천지원 2018.09.14 2018고단1936

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 lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, around June 8, 2018, the Defendant offered a proposal that he/she would lend the bank account from a person in unsound-si B in front of his/her residence for three months to another person, and in response, lent the access media using Kwikset-based card connected to the new bank account (Account Number: C) under the name of the Defendant to deliver it to the person in unsound name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on customer information of the new bank A account and details of transactions of the new bank A account;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize the instant crime, the Defendant’s primary offender, the fact that the Defendant’s lending account was actually used for the criminal act of licensing fraud, the Defendant lent the account for the purpose of obtaining economic benefits, and other circumstances, including the Defendant’s age, sexual conduct, motive leading to the instant crime, method of crime, and circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments, shall be determined by taking into account the following factors.