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(영문) 인천지방법원 2018.08.29 2018고단3384
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 any access medium while receiving or promising any consideration in using and managing the access medium.

Nevertheless, on November 2017, the Defendant received a letter, “B reply, and will pay KRW 700,000 to the account borrowed for the purpose of tax reduction and exemption,” and around December 2017, the Defendant sent the physical card card to the name in the name of the Defendant’s bank (D) account by using one head of the physical card connected to the Defendant’s name bank (D) account in Bupyeong-gu Incheon, Bupyeong-gu, Incheon around December 2017.

Accordingly, the Defendant promised in return for the promise and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on trading;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Selection of a fine by taking into account the following factors: (a) the access media leased by the defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act requires only one access medium; and (b) the defendant has no criminal record of the same kind of imprisonment or a stay of execution of imprisonment with prison labor or any heavier punishment; and (c)

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