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(영문) 인천지방법원 2018.08.27 2018고단3418
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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, on February 2017, the Defendant would pay KRW 600,000 per day from a person who was in an infinite name with a mobile phone text message.

After receiving the proposal to the effect that “,” and accepting it, around that time, the head of Cock Card (C) linked to the Saemaul Treasury’s account in the name of the Defendant in Seo-gu Incheon, Seo-gu, Incheon sent it to the above person with Kwikset’s service.

Accordingly, the defendant promised to receive the price and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as 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 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.

There is room for consideration in sentencing as the main part of raising three children in the situation, which lacks anti-social malicious or independent criminal intent, but there is also a disadvantage in the initial statement of the investigation. However, the defendant's second damage to the organization by using the access media circulated to the organization, and the defendant's initial statement in the investigation is also a disadvantage.

Punishment of a fine corresponding to the nature and circumstances of a crime shall be imposed.

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