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(영문) 인천지방법원 2018.06.01 2018고단2704
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

On November 21, 2017, the Defendant would pay KRW 180,000,00 to the Defendant in return for using the Account to be used in collecting money from a person who misrepresented himself/herself in the name of the liquor company on November 21, 2017.

“On receipt of the text message “,” and on the same day, in D located in Gyeyang-gu Incheon Gyeyang-gu Incheon Metropolitan City, lent a accessible medium by sending a personal identification card to a person with no name and informing him of the password.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. The application of Acts and subordinate statutes to report internal investigation (the attachment, etc. of financial warrant materials);

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 Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the provisional payment order is leased with a promise to receive a consideration. Such a crime may not only disrupt the reliability and safety of electronic financial transactions, but also be abused as a means of crime using an access medium. Therefore, there is a need for the punishment.

The access media by the defendant seems to have been actually used to commit the crime of lending fraud, etc.

The Defendant has had a history of criminal punishment on six occasions, including the two-time suspended crimes, and, in particular, the Defendant was sentenced to a suspended sentence of ten months on September 8, 2016 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to a suspended sentence of two years on December 31, 2016, and was finally and conclusive on December 31, 2016, without being aware of the fact during the suspended sentence.

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