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(영문) 인천지방법원 2017.08.24 2017고단5461
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If 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, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, on January 1, 2017, the Defendant borrowed a financial institution’s access medium with an intention to receive KRW 9,000,000 on condition that he rents a e-mail card for three months in front of the Defendant’s residence, Nam-gu Incheon building B, Incheon, and Kwikset service article through Kwikset service article, to a nameless person who is not entitled to receive a e-mail card, and to notify him of the password by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of a written confirmation of transfer transactions, warrant response materials, and financial transaction information-related statutes;

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 transferring and lending the physical card or password for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for scaming, etc.

Nevertheless, the Defendant committed the instant crime in accordance with the interests of the Defendant.

However, the defendant recognized his mistake and reflected his mistake.

There is no criminal record against the defendant.

There is no profit actually earned by the defendant.

In consideration of such circumstances, the punishment as the order shall be determined by selecting a fine.

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