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(영문) 인천지방법원 2016.11.25 2016고단7232
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall borrow or lend any "means of access", such as an electronic card, used to make a transaction request in electronic financial transactions or to secure the accuracy and reliability of users and the details of transactions, in promise of any consideration.

At around 16:00 on July 12, 2016, the Defendant issued a physical card linked to the post office account (C) in the name of the Defendant to the person who could not know the name through Kwikset Service, under the condition that he received KRW 100,000 per day from the office account (C) in front of the Yeonsu-gu Incheon Building.

Accordingly, the defendant agreed to the compensation and lent the means of access to a person whose name is not known.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to transaction transfer;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Taking into account the fact that the means of access leased by the accused for sentencing under Article 334(1) of the Criminal Procedure Act is used for the crime and that the accused has no record of punishment, etc.

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