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(영문) 인천지방법원 2017.05.10 2017고단979
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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

On October 28, 2016, the Defendant sent a physical card, linked to the new bank account (C) in the name of the Defendant, to his name, via Kwikset service, under the condition that he receives two million won, from around October 28, 2016.

As a result, the defendant promised to pay the price to the name of the victim and lent the approaching media to the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on trading;

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 of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the Defendant’s act of lending the access media in return for the consideration is not against the law. However, in light of the fact that the Defendant recognized the mistake and reflects the Defendant, that the Defendant did not have the same power or criminal records as the fine, and that the Defendant recognized the mistake and reflects it, a fine shall be imposed as ordered.

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