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(영문) 인천지방법원 2018.11.08 2018고단6991
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall lend or lend any access medium, or store, deliver or distribute such medium with the knowledge that it will be used for any crime or for any crime.

Nevertheless, on July 1, 2018, the defendant operated an illegal sports soil site from a person who is in the name of the defendant on July 1, 2018.

To provide user fees of KRW 3 million per day per head of the check card.

Upon receipt of the proposal "," around July 3, 2018, at the front of the defendant's residence in Seo-gu Incheon, Seo-gu, Incheon, and 202, two physical cards connected to the defendant's name bank account (C) and the Saemaul Treasury account (D) account in the name of the defendant, were issued through Kwikset Service Articles, and the identification number of each physical card was notified.

Accordingly, the defendant agreed to receive compensation and lent an access medium to electronic financial transactions while being aware that it will be used for crime.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A trading statement;

1. Application of Acts and subordinate statutes to the investigation report (in addition of suspects);

1. Article 49 (4) 2, and Article 6 (3) 2 and 6 (3) 3 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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment: Fines of not less than 50,000 won but not more than 20 million won;

2. The sentencing criteria are not set for a violation of the Electronic Financial Transactions Act in which the sentencing criteria are not set;

The sentencing criteria are not applied because of the choice of fine.The electronic financial transaction access media that lends a fine of 3 million won to another person can cause damage to many and unspecified persons because it can be used for fraud crimes, such as Bophishing.

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