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(영문) 인천지방법원 2018.09.19 2018고단5676

전자금융거래법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in using or managing the access medium of electronic financial transactions.

On May 15, 2018, the Defendant received 3 million won per account when sending a e-mail card from a person who is in fact of his name via telephone. On May 15, 2018, around 10:48 of the same month, the Defendant sent one e-mail card connected to the Defendant’s new bank account (B) located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Yeongdeungpo-gu, 618-496.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes concerning the provision of financial transaction information;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. The Defendant’s leased access media for sentencing of Article 334(1) of the Criminal Procedure Act is only one, and the Defendant was unaware of the fact that the leased check was used for telephone financing fraud, and the Defendant did not have any profit from the instant crime, and the Defendant was the primary offender, and the sentence is determined as ordered.