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(영문) 인천지방법원 2017.05.18 2017고단2032
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 other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, on January 10, 2017, the Defendant would lend two heads of Tongs to one another on the part of his name and the other.

In response to the receipt of the text message to the purport, “, in front of the Defendant’s residence in the Incheon Bupyeong B on the same day, two copies of the physical card, which is linked respectively to two new bank accounts in the name of the Defendant (Account NumberC and D), were sent via Kwikset Service Articles, and sent two copies of the physical card, which is an access medium of electronic financial transactions, to the name of the Defendant, by informing him of the password via Kwikset Service Articles, and by informing him of the password through the Kakao Stockholm message.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of deposit certificates, requests for guarantee insurance, inquiries into details of transactions, applications for subscription, and Kakao dialogue;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on the Electronic Financial Transactions and the Selection of Punishment, respectively, Article 49 (4) 2 and Article 6 (3) 2 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine for punishment (the defendant's access medium was actually used for the criminal act of Bosing, and its nature is not good, but the primary crime is the first crime, and its mistake is against each other, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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