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(영문) 인천지방법원 2018.05.10 2018고단2901
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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, on December 2017, the Defendant would pay KRW 3 million if he/she borrowed a three-day check from his/her nameless person through a mobile phone text message from his/her nameless person.

On January 4, 2018, after receiving a proposal to the effect that “,” and accepting it, sent to the above-mentioned person via Kwikset’s service, a physical card connected to the Defendant’s name bank account (C) in front of the Defendant’s residence located in Nam-gu Incheon Metropolitan City, Nam-gu.

Accordingly, the defendant promised to receive the price and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes, such as a trading statement, CIF, and trading statement;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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