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(영문) 인천지방법원 2016.08.22 2016고단4517
전자금융거래법위반
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

No person shall lend any medium access to electronic financial transactions in the course of promising the price therefor.

On May 2, 2016, at around 10:0, the Defendant: (a) promised to deliver and deliver to the needy person the name of the Defendant through Kwikset Services and lent its access media, on condition that the Defendant received KRW 2,600,000 per account a paper containing physical card (C); (b) bank account (D); and (c) account number (E); and (c) company bank account (E); and (d) account number and physical card number, which are linked to each of the Defendant’s name bank accounts.

Summary of Evidence

1. Statement by the defendant in court;

1. A detailed statement of transactions of entry and withdrawal, and financial transactions;

1. Application of Acts and subordinate statutes to the National Bank: The detailed statement of passbook, the detailed statement of passbook, and the Industrial Bank of Korea passbook;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning the relevant criminal facts and the selection of a fine for the option of punishment;

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

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

1. According to Article 334(1) of the Criminal Procedure Act, the sentence of a fine like the order shall be imposed in consideration of the following factors: (a) the number of access media from which the instant case was lent for the reason of sentencing; (b) the Defendant did not receive any consideration; (c) the Defendant recognized the offense; (d) the first offender; and (e) the Defendant reported the details of passbook transactions after confirming the details of passbook transactions.

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