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(영문) 인천지방법원 2016.09.08 2016고단5372
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No one shall issue a transaction request in electronic financial transactions while receiving, demanding or promising any consideration, or lend any means of access, such as an electronic card used to secure the authenticity and accuracy of users and the details of such transaction, and other similar information.

On March 10, 2016, the Defendant offered a proposal that he/she would offer a 1 million won worth per day when he/she lends a crow card from an influorous person with his/her name to his/her mobile phone. On March 14, 2016, the Defendant provided a means of access by promising to provide a crow card connected to a bank bank account (D) in the name of the Defendant in Gyeyang-gu Incheon Gyeyang-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to file a petition, details of deposits, statement of transaction records, and data on financial transaction status;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In the event that an electronic financial transaction is leased on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the safety and reliability of the electronic financial transaction is likely to be misused for any other crime, such as Bosing, etc. In fact, the fact that the means of access leased by the Defendant was used for the crime is unfavorable.

However, it is advantageous to the fact that the defendant's mistake is recognized, and there is no penalty power or penalty power exceeding the fine due to the same crime.

In addition, the punishment as ordered shall be determined by comprehensively taking account of the various sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, motive and circumstances of the crime, and circumstances after the crime.

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