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(영문) 인천지방법원 2016.11.29 2016고단6632
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, on March 2016, the Defendant respondeded to the notice that the account will be lent for two months after reducing KRW 300,000 per day of the account when lending the passbook from a person without his name.

Accordingly, around March 8, 2016, the defendant sent to Kwikset service article a physical card in the name of the defendant to Kwikset service article that sent his name in front of the Yeonsu-gu Incheon Kwikset, and lent the means of access by promising to pay a physical card in the name of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not only impairing the safety and reliability of electronic financial transactions when lending the means of access to electronic financial transactions at a consideration for the sentencing, but also may be abused for other crimes such as licensing. In fact, in light of the fact that the means of access leased by the defendant was used for the crimes of licensing, the crime is not less complicated, but the defendant appears to have an attitude to recognize and reflect the crime, the defendant has no ability to punish except for one fine due to the violation of the Road Traffic Act, and it is deemed that the defendant partly discharged damage to the victim of the above crimes, and there is a number of kinds of conditions for sentencing, such as the defendant's age, character and conduct, and environment, as shown in the records and arguments of this case.

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