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(영문) 인천지방법원 부천지원 2018.05.11 2018고단562

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When 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 while promising to receive, demand, or promise to use or manage the access medium.

On October 19, 2017, the Defendant lent a e-mail card in order to receive three million won per head of the Saemaul Bank Account in the name of the Defendant and lent the e-mail access medium by delivering the e-mail card connected to the name of the Defendant to the Kwikset Service engineer in the name of the Defendant.

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 on remittance data;

1. Relevant Article of the Act on Criminal facts, Article 49 (4) 2 and 6 of the Act on the elective Financial Transactions, and Article 49 (3) 2 and 6 of the same Act, and the 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 are the primary offender, and the punishment is determined by taking account of the circumstances in which a summary order of KRW 3,00,000 was issued due to the transfer of the access medium on October 17, 2017, immediately before the instant crime was committed, and other various circumstances, including the Defendant’s age, environment, motive for, method of, and method of, the instant crime, and the circumstances after the commission of the crime, etc., as well as the conditions for sentencing specified in the instant records and pleadings.