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(영문) 인천지방법원 2018.05.11 2018고단1909
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall lend or lend any access medium while receiving, demanding or promising compensation therefor.

Nevertheless, on May 2017, the defendant needs to account for the company's name account to be used as the company's name account from a person who was in the name of the portrait.

It is necessary to lend the check card to pay 3 million won per account for one account.

On May 11, 2017, at around 17:30, the notice was sent to Kwikset Service Articles who sent a password to the Korean National Bank Account (B) under the name of the defendant from the 1st floor of Sam-gu, Bupyeong-gu, Incheon, Seo-gu, 24, 34, to the 1st floor of Sam-gu, Seo-gu, Seo-gu, Incheon, to the end of the above physical card, stating a password and sent it to the Kwikset Service Articles who sent the name omitted.

As a result, the Defendant promised to receive the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to C;

1. A’s bank account (B) the application of finance data-related Acts and subordinate statutes;

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 crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is for the defendant to receive the price and lend the check card to a person with no name. The above crime is not very good because the access media, such as the check card, can be used for another crime with great social harm and injury, such as voiceing, etc.

In fact, the physical card lent by the defendant was used for fraud crime.

However, the defendant seems to have led to the confession of crime and to reflect the mistake.

The defendant does not seem to have actually received any consideration.

The Defendant has no record of criminal punishment prior to the instant case.

In the above circumstances, the defendant's character and conduct, family relationship, family environment, motive and means of crime, and crimes.

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