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(영문) 인천지방법원 2017.10.12 2017고단6286
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall lend or receive any access medium in return for receiving or promising to receive such consideration.

Nevertheless, on May 31, 2017, the Defendant, as an importing company, should set the number of persons necessary for import from a person who is not the name of the Defendant on May 31, 2017.

Part of the market price marginal profit due to goods purchased in the name of the party on the face of the loan of the account shall be paid.

“In receipt of a proposal to the purport, at around 14:30, Bupyeong-gu, Incheon, B, 1106, one physical card connected to the industrial bank account (C) in the name of the Defendant was issued to the above person in the name of Kwikset service, and the password was added.

As a result, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Written evidence, written statement and documentary evidence of D;

1. Application of Acts and subordinate statutes to a warrant of search and seizure inspection;

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 act of transferring the physical card or password on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for sing, singing, etc., and thus, the social music is reasonable.

Nevertheless, the Defendant committed the instant crime in accordance with the interests of the Defendant.

However, the defendant recognized his mistake and reflected his mistake.

There is no criminal record against the defendant.

The punishment shall be determined as per the order by selecting a fine in consideration of the conditions of all the sentencing, such as the defendant's age, sex, family relationship, property status, etc.

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