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(영문) 인천지방법원 2018.09.11 2018고단5187
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

No person shall borrow or lend any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in using or managing the access medium of electronic financial transactions.

On May 17, 2018, the Defendant received 300,000,000 won from the face-to-face, so that he/she can use the physical card from a person in distress via his/her name-to-face mobile phone, and on the same day, he/she sent one physical card connected to the bank account (C) of the name of the Defendant in front of the Incheon Seo-gu residence, Seo-gu, Incheon, Kwikset service.

Accordingly, the Defendant promised to pay for the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A petition, deposit certificate, each request for financial transaction information and reply, and the application of Acts and subordinate statutes on mobile phone messages;

1. Relevant legal provisions concerning criminal facts, Articles 49 subparag. 2 and 6 subparag. 3 subparag. 2 of the Act on Electronic Financial Transactions through which punishment is chosen, and the choice of fines (it is not appropriate to commit a crime because access media leased by the Defendant was actually used for the criminal act of Bosing, but not for the same criminal record, and considering the fact that there is no criminal record of the crime of the same kind, and that there is against his/her wrongness);

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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