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(영문) 인천지방법원 2018.01.31 2017고단8126
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

On August 2017, the Defendant would give 200,000 won per month of lending the account from a person who assumes the false name of the cosmetics exporter in writing.

“On August 23, 2017, upon receipt of the proposal, sent the physical card, which was linked respectively to the bank deposit account (D) and the company bank deposit account (E) in the name of the Defendant, around 411-dong 204, the Seo-gu Incheon Seo-gu, Incheon, Seo-gu around August 23, 2017, via Kwikset service articles.

As a result, the defendant promised to receive the price and delivered the approaching media respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. The document of F;

1. A report on internal investigation (a list of transaction details submitted by the former F and a certificate of confirmation of remittance);

1. Each investigation report (attached documents, such as execution of a warrant to seize a financial account, details of secured transactions, etc., secondary execution of a warrant to seize a financial account, - details of transactions, etc.);

1. Application of Acts and subordinate statutes concerning account leasing or text messages;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Electronic Financial Transactions Act due to the transmission of an access medium connected to a new bank deposit account with a heavier penalty);

1. Selection of an alternative fine for punishment;

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

1. The criminal defendant's crime of sentencing under Article 334 (1) of the Criminal Procedure Act with the reason of sentencing of the provisional payment order can not only disrupt the credibility and safety of electronic financial transactions, but also be abused as a means of crime using access media. Therefore, there is a need for punishment.

The access media delivered by the defendant seems to have been actually used to commit the loan fraud and have caused many damages.

The defendant is not guilty of committing a crime by transmitting multiple access media.

However, the defendant makes a statement to the effect that this court recognizes and reflects a crime.

The Defendant is aged and committing the instant crime.

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