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(영문) 인천지방법원 2017.05.26 2017고단1081
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

Except as otherwise expressly provided for in any other Act, no person shall lend any access medium used for electronic financial transactions with the promise to use and manage such access medium.

At around 16:00 on November 2, 2016, the Defendant received a proposal from a person who is unable to know his/her name to pay a fee of 10% of the deposit amount on the front of the “C convenience store” in Seo-gu Incheon, Seo-gu, Incheon. The Defendant issued the post office account (D) to Kwikseter’s article with which his/her name is unknown, and used it for a price with an access medium informing of the password.

Summary of Evidence

1. Statement by the defendant in court;

1. A victim statement of E;

1. Application of Acts and subordinate statutes on the certificate of transfer confirmation and details of transactions;

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 a physical card, which is an access medium, in return for promising the payment of consideration for the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, is likely to infringe on the safety and reliability of electronic financial transactions, as well as to be abused as a means of crime.

The personal card lent by the defendant was actually used to commit fraud and was damaged.

These circumstances are disadvantageous to the defendant.

However, the defendant is recognized as committing a crime in this court and is against the law.

Although the defendant was subject to criminal punishment for three times until around 2006, he/she has no criminal record for the same kind of crime, and has no record of criminal punishment for the last ten years.

The Defendant did not participate in the crime of fraud, etc., and did not receive any special benefit from the crime.

In addition, the records and arguments are shown in the process of the defendant's age, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc.

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