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(영문) 인천지방법원 2018.10.01 2018고단5510
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 April 26, 2018, the defendant is a business entity "B" from a person who is in the name of the defendant and requires an account to reduce or exempt taxes.

3 If a daily loan is made for 3 days, 1.5 million won shall be paid.

“On receipt of text messages to the purport, the C sent a physical card connected to the Defendant’s new account (D) in Incheon Gyeyang-gu, to the name in the name of the deceased.

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. Application of Acts and subordinate statutes of police statement protocol to E;

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. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

Unfavorable circumstances: The defendant's access media was actually used for the second crime and the damage was incurred.

Existing years of punishment of imprisonment without prison labor or heavier.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

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