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(영문) 인천지방법원 2018.09.19 2018고단4717
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall lend any medium access to electronic financial transactions in return for the consideration therefor.

Nevertheless, on April 16, 2018, the Defendant: (a) received a proposal from a person without his/her name to “to lend a e-mail card to KRW 1.2 million per week; and (b) consented thereto; and (c) transferred the e-mail card connected to the account of the national bank (B) in the name of the Defendant before the Incheon Nam-gu Incheon Metropolitan bus Terminal, Nam-gu, Incheon, Incheon, at around 15:00 on the same day, to the person without his/her name.

As a result, the Defendant promised to pay for, lent access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s authentic Acts and subordinate statutes

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.

The defendant has previously been sentenced to imprisonment without prison labor or heavier punishment.

A favorable condition: The defendant is making a confession of the crime of this case.

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