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(영문) 인천지방법원 2018.09.06 2018고단5722
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 lend or lend any access medium while receiving, demanding or promising compensation therefor.

Nevertheless, the Defendant, on June 20, 2018, borrowed a physical card for three days due to tax issues from a person who misrepresented himself/herself as a alcoholic beverage business operator on June 20, 201 to offer KRW 80,000 per day.

“In receipt of a proposal to the purport, at the Incheon City Council member, the physical card connected with the Defendant’s name bank account B) was drawn to the name in the name of the deceased through home.

As a result, the Defendant promised to receive the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on financial transaction replies;

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 Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is not only disrupting the credibility of the safety performance of electronic financial transactions, but also is a soil where various property crimes are committed by the supply source of the passbook.

The second damage of Bosing was occurred by taking advantage of the access media circulated in the organization by the defendant.

However, in consideration of the fact that the independent criminal intent is not significant and the remaining good character and behavior, the punishment of a fine corresponding to the nature and circumstances of the crime shall be imposed.

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