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(영문) 인천지방법원 2019.02.13 2018고단8449
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall, in using and managing a means of access by financial institutions, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, the Defendant, at around 13:50 on July 25, 2018, lent the means of access to financial institutions, promising to receive KRW 300,000,000 on condition of lending c'C' in front of the mobile phone agent from 7 days to c'C', which is located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. The Defendant provided Kwikseter service articles with a letter of Kwikseter, linked to the D safe (E) account in the name of the Defendant, and promised to provide a password to F message, thereby lending the means of access to financial institutions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

Unfavorable circumstances: The means of access lent by the defendant was actually used for the second crime and was damaged.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

It is an initial crime with no previous record of punishment.

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