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(영문) 인천지방법원 2017.05.26 2017고단1195
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 transfer or take over any access medium or lend or lend any access medium while demanding or promising to receive any price therefor in using or managing the access medium.

Nevertheless, the defendant will give 2 million won per one account, if he/she lends his/her account from a person who has not been named.

“On October 27, 2016, through Kwikset Service at the front of the operation of the Namdong-gu Incheon Metropolitan City Kwikset, lent one physical card connected to the Defendant’s No. D account under the name of the non-standing and informed the password by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Each copy, statement, and transfer statement of E and F;

1. Application of the Acts and subordinate statutes on response to banking 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. The act of lending a e-mail card, which is an access medium, in return for the payment of consideration for the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, is likely to infringe on the safety and reliability of electronic financial transactions as well as social criticism because it can be abused as a means of crime.

The personal card that the defendant lent was actually used to commit a financial fraud and caused damage.

However, the defendant shows that the defendant recognized the crime in this court, and shows a strong reflectivity.

The defendant has no criminal record of the same kind, and is habitually subject to criminal punishment twice due to gambling until around 2000, and there is no record of criminal punishment thereafter.

The Defendant did not take part in the financial fraud crime, etc., and did not gain profit from the crime.

The defendant seems to have committed the instant crime in an economically imminent situation, due to the legal site, and is not likely to have expressed an intent to commit the instant crime in bad faith.

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