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(영문) 인천지방법원 부천지원 2018.12.20 2018고단2828
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 any access medium used for electronic financial transactions while receiving, demanding or promising the consideration therefor.

Nevertheless, the Defendant, on February 23, 2018, borrowed 30 million won per annum 12% as a fund for business start-up preparation by making the details of the deposit and withdrawal from a face-to-face loan from a person who has no name to the name of the Defendant.

“On February 27, 2018, 201, the Internet Nwikset-gu 09:00, 604, Kwikset-gu 2, Jwikset-gu 1, 2018, sent the password to the Defendant’s corporate bank account (B) via Kwikset-si 604, and sent the password via Kwikset-si Stockholm.

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. C’s statement;

1. Details of transfer of funds from damage;

1. The application of the statutes governing the posting of tables;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant lent the approaching medium in return for promise, and the nature of the crime is not good.

The access media leased by the defendant was used for the crime of Bosing.

There was no agreement with the victim on the crime of Bosing.

The favorable circumstances: The mistake is recognized and reflected.

It is the first crime.

In addition, the punishment shall be determined as ordered by taking into account the various sentencing conditions shown in the records and arguments, such as the motive and background of the crime and the means of the crime.

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