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(영문) 인천지방법원 2018.05.02 2018고단1167
전자금융거래법위반
Text

Defendant shall be punished by a fine of three 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 December 8, 2017, the Defendant received a proposal from a person who was in the name of the deceased and consented to the lending of e-mail card, and then transferred e-mail cards connected to the accounts of the Defendant in the name of the Defendant on the front post office located in the Dong-dong, Nam-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (B) around 13:00 on the same day through Kwikset-dong, and transferred e-mail cards to the person who was in the name of the deceased.

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. Statement made by the police against C;

1. Confirmation of the accident;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to data on remittance of amount of damage);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act does not have the record of being punished for the same crime, and the Defendant’s leased media is highly likely to be used as other means of crime, such as singishing, etc. The number of accessible media that the Defendant lent, the Defendant’s age, sex and conduct, environment, motive and background of the instant crime, means and method of the instant crime, and the circumstances after the commission of the crime, etc. shall be determined by comprehensively taking account of the following factors:

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