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(영문) 인천지방법원 2018.06.14 2018고단3390
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 demanding, demanding or promising the consideration.

Nevertheless, the defendant, on April 16, 2018, is the time when he seeks a borrowed name account from a person who is in a false name.

It is expected to pay KRW 300,000 to the 30th day of each borrowed account.

“On the 18th day of the same month, the cash card connected to the Defendant’s community credit cooperative account (C) was sent to Kwikset through Kwikset’s service.

As a result, the Defendant promised to receive the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Copies of the E statements;

1. A copy of a certificate of transfer confirmation, details of financial transactions, and a certificate of details of transactions;

1. Application of Acts and subordinate statutes to the photographs of seized articles and the pictures of text messages;

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 act of lending an access medium to electronic financial transactions with the promise of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment as it impairs the stability and reliability of the electronic financial transaction and may be abused for other crimes such as singinginging fraud, etc. In fact, it appears that the Defendant could have predicted that the access medium could be used for illegal purposes in light of the fact that the victim of the fraudulent crime was generated through the access medium leased by the Defendant, and that the access medium could have been used for illegal purposes. The fact that the Defendant recognized and against the Defendant’s mistake, and that the Defendant did not have any record of punishment for the same kind of crime is favorable to the Defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case are as follows.

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