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(영문) 인천지방법원 2017.08.24 2017고단4161

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 borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, around 16:00 on March 17, 2017, the Defendant leased 4,000,000 won to the Defendant’s residence in Bupyeong-gu, Incheon, on a condition of lending 2 of 3-day check cards in front of the Defendant’s residence in Bupyeong-gu, Incheon. Through Kwikset service articles, the Defendant opened a bank account in the name of the Defendant under the name of the Defendant, and lent a financial institution’s access medium with the Defendant’s personal identification to the company bank account (C) and the company bank account (D).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to details of transactions, investigation reports (Attachment of details of opening accounts);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning the relevant criminal facts and the selection of a fine for the option of punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. The act of transferring and lending the physical card or password for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for scaming, etc.

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.

There is no profit actually earned by the defendant.

In consideration of such circumstances, the punishment as the order shall be determined by selecting a fine.