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(영문) 인천지방법원 2018.09.19 2018고단5894
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

No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

Nevertheless, around May 3, 2018, the Defendant sent a personal identification number of the above physical card to the above name in response to the proposal of the name in the name in the middle-gu Incheon, Jung-gu, and “to pay KRW 800,000 per day if the account is lent for three days” to the Defendant’s name in response to the proposal of the name in the name in the name in the name in the middle-gu, Incheon. The Defendant sent a personal identification number of the above physical card to the above name in the name in the name in the face of the Defendant.

Accordingly, the Defendant promised to receive compensation, and lent an approaching medium.

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 lists of transactions by account;

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 access media leased by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to be used as a means of other crimes, such as Bosing, etc. In the meantime, the Defendant’s crime of this case is against the Defendant, and there is no record of punishment for the same kind of crime, the number of access media leased by the Defendant, the Defendant’s age, sex, sex, environment, motive, means and method of the instant crime, and the circumstances after the crime, etc. shall be determined by comprehensively taking into account the following factors:

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