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(영문) 인천지방법원 2018.11.01 2018고단6020
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

No person shall borrow or lend any access medium in the course of receiving, demanding or promising any consideration in using or managing access media for electronic financial transactions.

On April 3, 2018, the Defendant received 300,000 won from his/her name in the month when he/she intends to transfer his/her physical card from his/her name-free person through a mobile phone text message, and the Defendant sent one physical card connected to the bank account (C) of his/her name to his/her name-free person at a point of convenience not exceeding Incheon on the same day.

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. Statement made by the police against D;

1. Application of Acts and subordinate statutes for a warrant of search and inspection of seizure;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be considered, such as the initial crime, reflectivity, motive and background of the crime, character and conduct of the defendant, environment, etc.;

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