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(영문) 인천지방법원 2018.06.22 2018고단4000
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 one shall transfer or take over any access medium or lend or lease any access medium while receiving, demanding or promising the price therefor in using or managing the access medium.

Nevertheless, around January 25, 2018, the Defendant received 4 million won from a person who was in the name of the Defendant before the Defendant’s office, who was in the name of Seo-gu Incheon Seo-gu apartment No. 1414, on five days per account, and via Kwikset Service Articles, the Defendant issued one copy of the personal bank account in the name of the Defendant (Account Number C), the Korean City Bank account (Account Number D) and the Kakao Bank Account (Account Number E) to the above person who was in the name of the Defendant.

Accordingly, the Defendant promised to pay for the above, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on warrant answer materials;

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 Competition;

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 crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is for the defendant to receive the price and lend the check card to a person with no name. The above crime is not very good because the access media, such as the check card, can be used for another crime with great social harm and injury, such as voiceing, etc.

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

However, the defendant seems to have led to the confession of crime and to reflect the mistake.

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

The Defendant has no record of criminal punishment prior to the instant case.

In the above circumstances, the defendant's character, family relationship, family environment, and crime are committed.

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