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(영문) 인천지방법원 부천지원 2018.05.10 2018고단738
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person shall lend an access medium while receiving, demanding or promising to receive compensation in using or managing the access medium.

Nevertheless, on January 4, 2018, the Defendant received a proposal from a non-name holder to “to pay a total of KRW 2,100,000 won per day when he/she lends his/her account for three days.” On January 5, 2018, the Defendant sent a physical card connected to the new bank account (Account Number D) in the name of the Defendant at the business office located in Gyeonggi Kimpo-si, Kimpo-si, in accordance with the instructions of the above non-registered person. On January 5, 2018, he/she sent the password of the said account to a new bank account (Account Number D) in the name of the Defendant, and sent the message to the above non-registered person.

Information was known.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A remittance statement;

1. Application of text-based statutes;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant transferred an access medium in return for promise; the nature of the crime is not good; circumstances favorable to the defendant’s transfer of the access medium used for the criminal of Bosing: Recognizing the erroneous recognition of and reflects the fact that the damage was discharged to Bosing victims; the primary offender is the fact that the damage was discharged to Bosing victims; and other factors of sentencing as indicated in the record and the change theory, such as the motive and circumstance of the crime; and the circumstances after the crime, etc., shall be determined as per the order.

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