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(영문) 인천지방법원 2018.10.25 2018고단6642
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising the consideration in using any access medium used in electronic financial transactions.

On April 15, 2018, the Defendant would pay KRW 300,000 per day from the Defendant’s cell phone from a person without his/her name to his/her cell phone to a third party for three days.

“The” received the message and consented, and then leased the access medium by way of delivering one physical card connected to the post office account (C) under the name of the Defendant to the above needy party and informing the Kakao Stockholm to the above needy party of the password at the home company located near the Ulsan-gu Northern District Gao-dong mail center on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to inquire about the authenticity, details of transfer transactions, and details of financial network transactions;

1. Relevant legal provisions concerning criminal facts, Articles 49(4)2 and 6(3)2 of the Act on Electronic Financial Transactions through which punishment is chosen, and the choice of a fine (it is not appropriate to commit a crime because an access medium leased by a defendant was actually used for the criminal act of Bosing, but has been recovered from the amount of damage, the defendant has no criminal records of the same kind or imprisonment without prison labor or any heavier punishment for the defendant, and reflects his/her wrongness);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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