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(영문) 인천지방법원 2018.07.05 2018고단3719
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising the price therefor, or store, deliver or distribute such medium.

Nevertheless, on January 25, 2018, the Defendant received a proposal to the effect that he would lend 3,000,000 won per page to an account from an unqualified person for the operation of the sports soil site.

1. A post office located in Seocheon-si around 30.30. At the post office located in Seocheon-si, a total of three copies of each physical card linked to the Defendant’s name SC Japan bank account (B), a new bank account (C), and a Saemaul Treasury account (D) account was delivered to the winners by post offices.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition;

1. Application of Acts and subordinate statutes to a detailed statement of account transactions, an inquiry into account transactions, and a certificate of details by account of member transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Electronic Financial Transactions Act due to lending of physical cards connected to the 1st SC bank account with the largest SC bank account);

1. Selection of an alternative fine for punishment;

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 of the choice of fine.In consideration of the fact that the electronic financial transaction access media that lends a fine of 3 million won to another person can be used for the fraud crime such as Bosing, etc., it is necessary to strictly punish the accused.

However, the defendant's each of the instant cases.

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