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(영문) 인천지방법원 2018.05.17 2018고단3136
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 any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

On November 2017, the Defendant agreed to receive KRW 2.5 million from the “C Music Research Institute” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, to lend one of the Defendant’s physical card to his nameless winners, and agreed to receive KRW 2.5 million from the face-to-face fee. Through Kwikset Service Articles, the Defendant sent the above nameless winners, one copy of the physical card connected to the community credit cooperative account (D) in the name of the Defendant.

Accordingly, the defendant agreed to the other party to lend the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of receipts for deposits), investigation reports (execution of a warrant of search and inspection of seizure);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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