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(영문) 인천지방법원 부천지원 2018.02.13 2017고단2802
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall transfer any access medium required for electronic financial transactions or lend any access medium in the course of receiving, demanding or promising the price therefor.

Nevertheless, on July 21, 2017, the Defendant, who introduced the name B as C around July 21, 2017, would receive a lease account for the reduction of liquor tax up to 3 million won on the 3-day basis of the receipt of the lease account for the reduction of liquor tax.

“Lwikset’s mind to lend a physical card connected to his account,” and, around 19:00 on the same day, a copy of the physical card linked to the Defendant’s name bank account (D) was drawn to Kwikset’s service article sent by the winners of the above name at the front of the exit No. 2 in Yeongdeungpo-gu, Seoul Special Metropolitan City, Nowon-gu.

As a result, the defendant demanded compensation, and sent the access media necessary for electronic financial transactions to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to E;

1. Application of Acts and subordinate statutes to the inquiry of details of transactions of gold damage, and copies of a certificate of transfer confirmation;

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 of the Provisional Payment Order: The sentence is determined as ordered by comprehensively taking account of the following factors: (a) the Defendant’s receipt of consideration and transfer of access media; (b) the Defendant’s use of the access media for the criminal act of Bosing; (c) the circumstances favorable to the fact that it is not agreed with the victim; (d) the fact that there was no record of being punished for the same criminal act; (b) the fact that there was no record of being punished for the same crime; and (c) the circumstances after the criminal act, etc.

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