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(영문) 인천지방법원 2017.06.08 2017고단2815
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, around December 21, 2016, the Defendant promised to receive 3 million won from a person in the name of Gyeyang-gu in front of and in the name of Gyeyang-gu Incheon, in return for the promise to receive cream card from the person in the name of the defendant on the front of the Incheon Gyeyang-gu road, and agreed to pay cream card and its password connected to the bank account of the defendant's name (C).

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the relevant Acts and subordinate statutes on transactions;

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. In light of the circumstances, such as the fact that the access media leased by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act appears to have been used for the criminal act of Bosing, the fact that there was a record of criminal punishment over 12 times, the time of committing the crime, and the fact that there is no actual benefit of acquisition, etc., the punishment as ordered shall be determined by taking into account favorable circumstances, taking into account the favorable circumstances, and taking into account all the factors such as the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after committing the crime.

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