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(영문) 인천지방법원 2016.11.29 2016고단6112
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

No one shall lend any means of access to the use and management of the means of electronic financial transactions while receiving, demanding or promising any consideration.

Nevertheless, at around 14:00 on July 18, 2016, the Defendant received a proposal from a person who has no personal name from his/her cell phone, and on the same day, lent one copy of the above physical card, which is the means of electronic financial transactions, to a person who has no personal name, by entering a password on the back of the physical card connected to the bank account in the name of the Defendant, on the roads adjacent to the ice Station located in Yongsan-gu Seoul Metropolitan Government on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on the certificate of deposit;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not only impairing the safety and reliability of electronic financial transactions when lending the means of access to electronic financial transactions at a consideration for the sentencing, but also may be abused for other crimes such as singing, etc. In fact, in light of the fact that the means of access leased by the defendant has been used for the singinging crime, the crime is not weak, but the defendant appears to have an attitude to recognize and reflect the crime, the defendant has no criminal power of the same kind or imprisonment without prison labor or heavier, and other matters specified in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character and conduct, and environment, as stated in the records and arguments of this case

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