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(영문) 인천지방법원 2018.07.19 2018고단4610
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall lend or lend any access medium while receiving, demanding or promising compensation therefor.

Nevertheless, on March 23, 2048, the defendant would lend the account from a person who is not in the name of the defendant to the extent of KRW 3 million per bank.

“In receipt of a proposal to the effect, the same day sent a physical card connected to the new bank account (B) in the name of the Defendant at the hot water station located in Guro-gu Seoul on the same day to the name in the name of the handicapped.

As a result, the Defendant promised to receive the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes regarding financial transaction replies, such as certificate of transfer confirmation;

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 medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for crimes such as licensing, etc.

Nevertheless, the Defendant committed the instant crime in accordance with the interests of the Defendant.

However, the defendant recognized his mistake and reflected his mistake.

There is no criminal record against the defendant.

The punishment shall be determined as per the order by selecting a fine in consideration of the conditions of all the sentencing, such as the defendant's age, sex, family relationship, property status, etc.

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