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(영문) 인천지방법원 2018.11.14 2018고단6905
전자금융거래법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

Nevertheless, the Defendant received a proposal from a person in a name-free circumstance to grant three million won after using the 10th day of each week from the person in a name-free name, and promised to lend the e-mail card in the name of the Defendant to the third party. On April 18, 2018, the Defendant lent a e-mail card connected with the head of the Defendant’s post office (C) around 12:30 on April 18, 2018 to the third party through Kwikset’s service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a detailed statement of electronic financial counterpart account and a reply (E, details of transactions of passbook A);

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which punishment is selected;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is for the defendant to receive the price and lend the check card to a person with no name. The above crime is not very good because the access media, such as the check card, can be used for another crime with great social harm and injury, such as voiceing, etc.

In fact, the physical card lent by the defendant was used for fraud crime.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

The defendant does not seem to have actually received any consideration.

It seems that the account was suspended immediately after the crime was committed and the amount of damage was returned to the victim.

Defendant has no record of punishment for the same kind of crime.

In full view of the above circumstances, the sentencing conditions shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of crime, and circumstances after crime, are considered as ordered.

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