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(영문) 인천지방법원 2017.10.11 2017고단6018
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

No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, around April 27, 2017, the Defendant borrowed the access media of financial institutions with a view to receiving KRW 500,000 on condition that he lends the e-mail card from Jongno-gu Seoul building to two days, and, through Kwikwikset Service Articles, sent a copy of the e-mail card linked to the company bank account under the name of the Defendant to the name-oriented person via Kwikset Service Articles, and lent the e-mail to Kkkset.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of confirmation;

1. Application of the statutes notifying data on financial transaction status;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment is that the defendant receives a consideration and transfers an access medium is not less than the standard for the crime. However, the defendant's mistake and reflects the defendant's wrong recognition, the fact that the defendant seems not to receive a consideration, and the fact that there is no record of criminal punishment shall be sentenced to a fine as set forth in the order.

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