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(영문) 인천지방법원 2018.07.05 2018고단2237

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

Nevertheless, on October 31, 2017, the Defendant extended a loan of KRW 300,000 to KRW 500,000,00 from a person who was under the name of the deceased.

However, in order to obtain a loan of KRW 1 million, the check card is different from the check, and the check card is used for the purpose of receiving internal taxes.

“The proposal received the proposal and promised to obtain a loan of KRW 1 million after lending one copy of the Cze Card.”

On October 31, 2017, the Defendant continued to deliver a e-mail card connected to the corporate bank account (B) to the company Kwikset service articles in a way of turning the name-free kwikset service articles, at around October 31, 2017.

As a result, the defendant committed an act of lending the access media with promising to pay for the use and management of the access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment: Fines of not less than 50,000 won but not more than 20 million won;

2. The sentencing criteria are not set for a violation of the Electronic Financial Transactions Act in which the sentencing criteria are not set;

The sentencing criteria are not applied because the defendant is selected as a fine: 4 million won, even though he had the record of being punished for the same kind of crime, in consideration of the fact that the defendant can use the electronic financial transaction access media to the other party for the fraud crime, such as Bosing, and cause damage to the unspecified majority, it is necessary to strictly punish the defendant.

(b).