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(영문) 인천지방법원 2017.08.11 2017고단4522
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend any medium access to electronic financial transactions in return for a request or promise to receive the price therefor.

Despite the ruling, the defendant would pay 2 million won per week by lending the passbook because it is necessary for the amount of the goods distribution price to the liquor tax business operator on April 27, 2017 from the person who was in the name of the defendant.

On May 11, 2017, in response to the receipt of the text message to the effect that “,” the notice was sent to the Defendant’s bank account (C) prior to the Incheon Bupyeong-gu, Incheon, by using Kwikset’s Kwikset’s service, and used the electronic financial transaction access medium in return for a promise to receive a price by informing the password in writing.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on remittance details, inquiry into personal information of customers, and transaction details;

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 lending a physical card, etc., which is an access medium, in return for promising the payment of consideration for the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, is likely to infringe on the safety and reliability of electronic financial transactions, as well as to be abused as a means of crime.

The personal card lent by the defendant was actually used to commit fraud and was damaged.

On December 11, 2013, the defendant has a history of criminal punishment three times, and the suspension of indictment has been imposed on the violation of the Electronic Financial Transactions Act.

The defendant seems to have already been aware of the illegality of the access media lending in the course of investigating the violation of the Electronic Financial Transactions Act.

However, the defendant shows that the defendant recognized the crime in this court, and shows a strong reflectivity.

There are three criminal charges against the defendant, but all of them are minor.

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