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(영문) 인천지방법원 2017.03.23 2017고단1223
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, the Defendant sent a physical card and promised to receive compensation after receiving a proposal from a person in the name of the defendant, stating, "on the face of three million won from the lending of the physical card." On December 6, 2016, the Defendant sent the physical card to a person in the name of the defendant on the front of the Incheon High School located in the fourth Dong of the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon High School, and on the road in front of the Incheon High School, the name of the defendant was linked to the new bank account (B) in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to calendars in a body and financial reply data;

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 fact that the access media leased by the Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act appears to have been used for the criminal act of Bosing, etc. is disadvantageous, considering favorable circumstances, such as the time of committing a crime, the fact that there is no benefit from actual acquisition, and the primary offender, etc., the punishment as ordered shall be determined by taking into account the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime, and the circumstances after the crime.

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