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(영문) 인천지방법원 2017.08.17 2017고단5093

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, at around 13:00 on April 25, 2017, the Defendant lent a 4,000,000 won under the condition that he lends a e-mail card in front of the 193-day le-ro 193 le-ro le-ro le-ro le-ro, and, through Kwikwikset Service Articles, lent a e-mail-based access medium to financial institutions by using a e-mail and a e-mail card connected to the company bank account (B) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes, such as verification certificates, notification of data on current status of financial transactions, details of passbook transactions, copy of an application for passbook transactions;

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 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.

Although the accused has been finally convicted of six times, including one-time criminal records, he shall not have the same criminal records.

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.