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(영문) 인천지방법원 2019.02.15 2018고단8728
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 borrow or lend a means of access in receiving, demanding or promising any compensation.

Nevertheless, the Defendant received a proposal that 2.1 million won will be given after the 3th day of each week from a name-free person, who lent the e-mail card from the name-free person, and promised to lend 3 copies of the e-mail card under the name of the Defendant in return, and lent the means of access to the e-mail card connected to the e-mail card under the name of the Defendant at around 13:00 on June 18, 2018, by sending the e-mail card connected to the passbook under the name of the Defendant, e-mail card connected to the passbook under the name of the Defendant, e-mail card connected to the passbook under the name of the Defendant, e-mail card under the name of the Defendant, and H (G).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Application of remittance receipt, execution results of warrant of search, seizure and verification, F Bank transaction details, and H Bank Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed on the grounds that the defendant was paid the consideration and lent the check card to his/her name impaired. As such, the crime of this case can be used for another crime with great social harm, such as scaming, etc., and its nature is not very good.

In fact, the physical card lent by the defendant was used for fraud crime.

However, it shows the appearance that the defendant leads to the confession of the criminal conduct and reflects the mistake.

The defendant does not seem to have actually received any consideration.

The Defendant had no record of being punished for the same crime before the instant case.

The character, conduct, family relationship, family environment of the defendant in the above circumstances.

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