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(영문) 인천지방법원 2018.09.10 2018고단3716
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 any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in using or managing the access medium of electronic financial transactions.

On February 2, 2018, the Defendant, through the mobile phone text message from a person in an influence to his/her name, sent 3 million won to the Defendant, and on February 2, 2018, sent a copy of the physical card connected to the Defendant’s account (B) to the Defendant’s name, before the company bank around 852, as Seo-gu, Seo-gu, Incheon.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report internal investigation (the result of executing drillings for search and inspection of seizure and the financial account);

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, lent two approaches connected to the account of one bank and the National Bank.

However, only the specific part of the evidence for reinforcement was prosecuted as this case.

The number of access media leased by the defendant is less than the amount of profit gained by the crime of this case, and the defendant is the first offender, etc. shall be selected by a fine and the punishment shall be determined in the same manner as the order.

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