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(영문) 인천지방법원 2018.10.26 2018고단6290
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

In using and managing access media used in electronic financial transactions, no one shall lend or lend any access medium or distribute any access medium while demanding, demanding or promising the consideration, except as otherwise expressly provided for in other Acts.

On November 28, 2017, the Defendant would offer one million won per account for lending the card from a person who has no name in front of the guard room located in the Nam-gu Incheon Metropolitan City Btel.

“In accordance with the promise, I sent a physical card connected to the Defendant’s name bank account (C) by way of delivering it through Kwikset service articles to the Defendant’s name-free winners.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on personal financial transactions, etc. and of disposable new 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 Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the provisional payment order is a lending of an access medium with a promise to pay. Such a crime may not only disrupt the reliability and safety of electronic financial transactions, but also be abused as a means of crime using an access medium. Therefore, there is a need for punishment.

The defendant's access media seems to have been used in the fraudulent crime that actually ices small-amount loans, and considerable damage is likely to occur.

The defendant has three times of criminal punishment.

However, the defendant makes a statement to the effect that this court recognizes and reflects a crime.

The Defendant does not seem to have directly participated in the loan fraud crime, but appears to have failed to obtain particular profits from the instant crime.

The defendant requested the bank to suspend payment by the investigative agency around the day following the crime.

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