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(영문) 인천지방법원 2017.06.09 2017고단2553
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 access medium used to secure the reliability of the results of electronic financial transactions shall be leased or lent while promising to receive any consideration.

Nevertheless, on October 12, 2016, the Defendant would offer 1.5 million won per page of the head of Tong from the person who had not been able to use the head of Tong from the person who had not been able to use the head of Tong.

Upon receipt of the proposal to the effect that ", after accepting it, one physical card linked to the community credit cooperative account (C) in the name of the defendant was issued to the above person and the password was communicated to the above person via Kwikset Service.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of victims of D;

1. An investigation report (with respect to the nominal holder of the Saemaul Treasury account in which the amount of damage is deposited);

1. Application of Acts and subordinate statutes on account 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. The act of lending a physical card, which is an access medium, in return for promising the payment of consideration for the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, is likely to infringe on the safety and reliability of electronic financial transactions, as well as to be abused as a means of crime.

The personal card that the defendant lent was actually used for financial fraud crime.

The defendant has a history of criminal punishment imposed eight times.

These circumstances are disadvantageous to the defendant.

However, the defendant is recognized as committing a crime in this court and is against the law.

Although there are many criminal records against the defendant, except for the fines of KRW 1,00,000,000 on September 25, 2015, all of them are ten years ago.

The Defendant did not directly participate in the crime of financial fraud, etc., and did not receive any special benefit from the crime.

The age, sex, environment of the defendant, and others.

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