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(영문) 인천지방법원 2018.05.10 2018고단1919
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

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 December 19, 2017, the Defendant received KRW 3 million from a person who was in the name of the deceased on his/her own, and issued a letter of check card to the Agricultural Cooperative Account under the name of the Defendant (Account Number: C) through Kwikset Service Articles in front of the Defendant’s working company in the second floor of the Incheon Southern-gu building B, Nam-gu, Incheon.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The screen by cutting down the Kakao Stockholm message;

1. Application of receipts, and statutes on financial transaction information;

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 lending of the electronic financial transaction access medium with the promise of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is a normal situation that is favorable to the defendant, such as the following: (a) the stability and reliability of the electronic financial transaction and the access medium may be abused for other crimes, such as singinginging fraud; (b) the fact that the victim of the fraudulent crime occurred through the access medium leased by the defendant is disadvantageous to the defendant; (c) the defendant is against the mistake; (d) the fact that the defendant is against the wrong; and (e) the fact that the lending of the access medium is the first offender who has no criminal history; and (e) the fact that it is a favorable to

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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