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(영문) 인천지방법원 부천지원 2019.05.10 2019고단165
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation.

Nevertheless, around August 20, 2018, the Defendant sent 5 million won per account to the designated sub-site company “to operate a sub-site, to which he/she may enter the sub-site, to which he/she may collect 5 million won per account.” He/she received a proposal, and around August 22, 2018, he/she sent her a e-mail card connected to the D Association Account (E) under the name of the Defendant in the north-gu, Mapo-si, Mapo-si, Seoul, Yangcheon-gu, 3 642-1, 642-1, and the unmanned community center's home transfer to the address.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A report on damage;

1. Application of transfer receipt, closure photographs of the details of the F dialogue, and Acts and subordinate statutes concerning the return of financial transaction information;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite being aware that the Defendant was used in illegal days, the means of access was leased for the purpose of receiving compensation. The fact that the means of access leased by the Defendant was actually used in the crime of licensing is disadvantageous to the Defendant.

However, it is against the defendant's recognition of and reflects on the crime of this case. At the time of this case, the defendant was 19 years of age, and the defendant was her green age with no completely mature ability to judge, and the defendant does not seem to have obtained any profit from this case, etc., considering the circumstances favorable to the defendant, and the age, environment, character and conduct of the defendant.

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