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(영문) 인천지방법원 2018.08.09 2018고단3659
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

No person shall lend or lend any access medium while receiving, demanding or promising compensation therefor.

Nevertheless, on March 27, 2018, the Defendant, instead of the Seodaemun-gu Seoul Metropolitan Government around March 27, 2018, received 1,200,000 won from a regular truck D branch office per account from a person who is not the name, and issued a copy of each physical card on the national bank account (Account Number E) and the new bank account (Account Number F) in the name of the Defendant, via the prompt name loan.

Accordingly, the Defendant promised to pay for the above, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each report on investigation;

1. Application of the statutes governing the submission of evidentiary documents;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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 is to lend an access medium to electronic financial transactions with the promise of consideration for the sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment as it impairs the stability and reliability of electronic financial transactions and may be abused for other crimes, such as singinginging fraud, etc. In light of the content proposed by the person in whose name the access medium appears to have been able to predict the possibility of being used for other illegal purposes, the number of the leased access media is more than one, and the occurrence of the victim of the fraudulent crime is disadvantageous to the defendant. The fact that the defendant's mistake is closed and divided, the fact that the defendant was presumed to have failed to actually receive the consideration for the lending of the access medium, the fact that the victim has repaid and agreed to pay damages to the victims of the crime, and the fact that there is no penalty exceeding the fine is favorable to the defendant.

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