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(영문) 인천지방법원 2017.04.12 2017고단657
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer any access medium or lend any access medium upon receipt of, demand or promise to provide compensation to any third party for using or managing the access medium.

Nevertheless, on October 13, 2016, the Defendant received a proposal that he would lend the account from a person in the name in the name in the name in the name in the name in the middle of the Jung-gu Incheon, and agreed to do so, and then, the Defendant sent one physical card to the above person in the name in the name in the name of the Defendant through Kwikset's account (Account Number B) and the National Bank Account (Account Number:Account Number: C).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Details of transfer;

1. Application of investigation reports (Attachment of details of account transactions with a national bank transferred by the person under investigation) Acts and subordinate statutes;

1. Articles 49 (4) 2 and 6 (3) 2 of the Act on the Electronic Financial Transactions and Trades and the selection of fines, respectively, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

It is an initial crime with no previous record of punishment.

Unfavorable circumstances: The Defendant's access media was actually used for the secondary crime and the damage was incurred.

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