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(영문) 인천지방법원 2018.07.19 2018고단3912
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend an access medium while demanding, demanding or promising the consideration in using and managing the access medium.

On February 2, 2018, the Defendant received 3,00,000 won on the face of a week from a person who misrepresented his/her staff member of a sports earth company through a telephone, so that he/she can use the cream card for three days, and on February 2, 2018, the Defendant sent cream card (C) connected to the Defendant’s community credit account (C) in the name of the Defendant in the name of 3 Dong, Seo-gu, Incheon, Seo-gu, 490-8 Scenic River, and sent kwikset to a person with no name.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes on financial transactions and replies to financial transaction information in the principal;

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 is to lend the electronic financial transaction access medium with the promise of the consideration for the sentencing of Article 334(1) of the said Act is that it would undermine the stability and reliability of the electronic financial transaction and be abused for other crimes such as singinginging fraud, etc. In fact, it is necessary to punish it strictly. In light of the fact that the victim of the fraudulent crime has occurred through the access medium leased by the Defendant, and that the Defendant could have predicted the possibility of using his access medium for other illegal purposes in light of the content proposed by the person in unsound name, etc., it is unfavorable to the Defendant. The fact that the Defendant’s mistake is closed and reflected, the fact that the Defendant’s mistake seems to be closed and against it appears to have not actually been paid the consideration for the lending of the access medium is difficult, economic circumstances, the health situation is not good, and it

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