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(영문) 인천지방법원 2018.11.08 2018고단7236
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall lend or lend any access medium while receiving, demanding or promising compensation therefor.

Nevertheless, the Defendant borrowed a physical card from his name in return for the lending of KRW 3 million to the Defendant’s name in return for the lending of the card. On July 10, 2018, at around 17:00, the Defendant lent one physical card connected to the Defendant’s name C (D) head to Kwikset through Kwikset’s services.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes (C banks) of a certificate of deposit confirmation, a detailed statement of deposit transactions, and reply data by a search and seizure warrant;

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 medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for crimes such as licensing, etc.

Nevertheless, the Defendant committed the instant crime in accordance with the interests of the Defendant.

However, his mistake is recognized and reflected.

There is no profit actually acquired.

It has long been two times of fine.

The punishment shall be determined as per the order by selecting a fine in consideration of the overall conditions of sentencing, such as the defendant's age, sex, family relationship, property status, etc.

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