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(영문) 인천지방법원 2018.05.18 2018고단3038
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 an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

Nevertheless, on October 23, 2017, the Defendant sent cash cards and passwords to the extent that he/she lends the head of the Tong to him/her, who is the president of the main office, who is in the name of the Defendant on October 23, 2017.

“C” received a telephone with the content that was promised to receive the consideration, and then sent one cash card (the account number and password are written on the physical card) connected to the Defendant’s account (E) in Nam-gu, Incheon on the same day to the name in the name of the non-resident at home.

As a result, the defendant committed an act of lending the access media with promising to pay for the use and management of the access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes, such as a list of customer information inquiries;

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 crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is for the defendant to receive the price and lend the check card to a person with no name. The above crime is not very good because the access media, such as the check card, can be used for another crime with great social harm and injury, such as voiceing, etc.

In fact, the physical card lent by the defendant was used for fraud crime.

However, the defendant seems to have led to the confession of crime and to reflect the mistake.

The defendant does not seem to have actually received any consideration.

Defendant has no record of punishment for the same kind of crime.

The character, conduct, family relationship, and family relationship of the defendant in the above circumstances.

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