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(영문) 인천지방법원 2018.07.27 2018고단5000
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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, the Defendant, on May 16, 2018, through the Kakakao Stockholm, paid the amount of KRW 3 million to a maximum of five million if he/she borrowed an account in which he/she had no knowledge from his/her name.

On May 24, 2018, after receiving a proposal to the effect that "," the defendant's office located in Seo-gu Incheon Seo-gu, sent a physical card connected to the company bank account (D) under the name of the defendant to the above person without a name, using Kwikset Service.

Accordingly, the defendant promised to receive the price and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on account transactions, text records, etc., financial transaction information, etc., and text of loan commitment;

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 crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure is committed by the Defendant with payment of the price and lending the body card to a person with no name. The above crime is not very good because the access media, such as the body card, can be used for another crime with great social harm and injury, such as scamsing, etc.

In fact, the physical card lent by the defendant was used for fraud crime.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

The defendant does not seem to have actually received any consideration.

The amount of fraud damage caused by the defendant's account to stop account transactions is returned to the victim.

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