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(영문) 인천지방법원 2018.04.27 2018고단1151
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

No person shall lend a e-mail card which is an access medium to electronic finance while receiving, demanding or promising the consideration.

Nevertheless, on October 23, 2017, the Defendant is the “B” company from a person who is not the name of the Defendant, and if he lends the card, he will give KRW 2.4 million per account.

On November 2, 11 of the same year, upon the communication that “to return after three occasions to reduce alcoholic beverages tax,” one head of the physical card linked to the Defendant’s name (Account Number C), the Saemaul Bank’s account (Account Number: D), and the National Bank’s account (Account Number: E), sent one head of Kwikset Service, and promised to receive KRW 7,200,000 in return.

As a result, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Details of transactions of automation machinery and replies to requests for provision of financial transaction information;

1. Data on replies, such as details of transactions of Saemaul Treasury A bankbooks;

1. Application of the Kakao Stockholm Act to the content of conversation;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is for the defendant to receive the price and lend the check card to a person with no name. The above crime is not very good because the access media, such as the check card, can be used for another crime with great social harm and injury, such as voiceing, etc.

In fact, the Cze Card that the Defendant lent was used for the singishing crime.

However, the defendant seems to have led to the confession of crimes and to reflect the wrongness.

The defendant actually received any consideration.

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