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(영문) 인천지방법원 2018.05.23 2018고단1816
전자금융거래법위반
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

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

Nevertheless, at around 19:00 on November 7, 2016, the Defendant promised to receive KRW 2,00,000 in return for lending his name in the name in order to use his name in the name in order to receive KRW 2,00,000 in return for lending his name in the name in the off-Si, Bupyeong-gu, Busan. The Defendant lent one check connected to the name in the name of the Defendant to Kwikset through Kwikset Services.

Summary of Evidence

1. Statement by the defendant in court;

1. Duplicate of the statement made by the police of E;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding 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 that the lending of electronic financial transaction access media is highly likely to cause secondary damage, such as fraud, by abusing it for crime.

In fact, the Defendant used the access media for telephone financing fraud.

However, since the defendant is the first offender and is one of the access media, the sentence shall be determined as per the order after selecting a fine.

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