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(영문) 인천지방법원 2018.11.23 2018고단7892
전자금융거래법위반
Text

Defendant shall be punished by a fine of two 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, demanding, or promising to provide compensation in using or managing the access medium.

Nevertheless, on August 6, 2018, the Defendant was contacted with the purport that “B liquor company is a B, and would pay 2 million won upon lending the e-mail card,” and agreed to receive money from the non-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-con- re-de-de-de-de

As a result, the defendant promised to receive compensation, and used access media for others.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes to bank response data, such as CIF data;

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 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, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

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

It seems that the transaction of the account is suspended immediately after the crime was committed, and the amount of damage can be returned to the victim.

Defendant has no record of punishment for the same kind of crime.

The defendant's character and behavior in the above circumstances.

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