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(영문) 인천지방법원 2018.04.26 2018고단1384
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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lease any access medium or distribute, keep and deliver any access medium while demanding, demanding or promising to receive the compensation.

Nevertheless, on October 25, 2017, the Defendant would give KRW 100,000 per week of lending the account from a person without his name (one name B) for three days.

“Along with the word “A”, the Defendant promised to contact and lend the physical card connected to the Defendant’s name bank account (C) to the person with no name and to receive KRW 100,000 in return, and agreed to deliver the said access media to the person with no name, via Kwikset Service Articles in front of the Defendant’s residence in Seo-gu Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written confirmation of transfer results, replys to financial transaction information (A) and the application of statutes;

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 62(1) of the Criminal Act is that the defendant's responsibility is large since the victim of the fraudulent crime occurred through the access media that the defendant lent.

The lending of the electronic financial transaction access media with the promise of such a consideration is necessary because it impairs the stability and reliability of the electronic financial transaction and its access media can be abused for other crimes such as singishing fraud.

However, the circumstances favorable to the defendant, such as the fact that the defendant's mistake is broken down and reflected in depth, the fact that the user's use of the access medium seems to have not been actually paid the price, the fact that the crime of this case was caused in difficult economic circumstances, and the first offender who has no record of crime, etc., shall be considered as favorable to the defendant, and the age, sex, environment, family relationship, etc. of the defendant

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