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(영문) 인천지방법원 2017.03.24 2017고단1012
전자금융거래법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall lend or lend any access medium, such as an electronic card, which is used to issue a transaction instruction in electronic financial transactions or to secure the accuracy and reliability of users and transaction details, with the promise of compensation.

On September 2016, the Defendant delivered a physical card linked to the Defendant’s name B bank account (C) in the name of Jung-gu Incheon Airport Cargo Terminal, Jung-gu, Incheon, on condition that he receives 500,000 won per week or 5% of deposited money, to his name in the name of the Defendant.

As a result, the defendant promised to pay the price to the name of the victim and lent the approaching media to the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written petition of D;

1. Application of Acts and subordinate statutes to the certificate of transfer confirmation and the detailed statement of transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that the Defendant shall be punished by a fine, taking into account the following factors: (a) the Defendant’s mistake is recognized; and (b) the Defendant has no record of being punished for the same kind of crime; and (c) the amount of the fine shall be determined by taking into account the past record of the punishment for the crime of this case;

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