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(영문) 인천지방법원 2017.06.02 2017고단438
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 borrow or lend any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the users and the details of such transaction, upon receiving any consideration therefor, requesting or promising to do so.

On September 4, 2016, the Defendant is a liquor company, and send an account to him/her as a mobile phone from a person who has no name to his/her mobile phone.

In response to the proposal, at around 10:00 on the same day, the Defendant’s bank account (D) No. 1 of the Defendant’s name bank account was attached in front of the Defendant’s work agent located in Nam-gu, Incheon, Nam-gu, Incheon, and the Defendant’s company located in the Nam-gu, Seoul, and used Kwikkset service article for the benefit of using Kwikset’s service article with a penbook indicating the password.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to the National Bank of Korea as a result of electronic financial transfer;

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 act of lending a physical card, which is an access medium, in return for promising the payment of consideration for the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, is likely to infringe on the safety and reliability of electronic financial transactions, as well as to be abused as a means of crime.

The personal card that the defendant lent was actually used for financial fraud crime.

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

A defendant has no criminal record of the same kind, and there is no record of criminal punishment in addition to the fine of KRW 300,000 on September 30, 2013.

The damage was not extended because the money deposited in the defendant's bank account was not withdrawn by the suspension of transaction according to the financial fraud crime.

(b) other.

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