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(영문) 인천지방법원 2018.10.17 2018고단6745
전자금융거래법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall lend or lend any access medium while receiving, demanding or promising compensation therefor.

Nevertheless, the Defendant received a proposal that 3 million won per week from a person in non-name will be given a personal card, and in return, lent the physical card under the name of the Defendant to the third party. On April 19, 2018, around 15:00, the Defendant lent one physical card connected with the Defendant’s name bank (C) through Kwikset Co., Ltd. in front of the building in the Namdong-gu Incheon, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to remittance statements;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the lending of electronic financial transaction access media is highly likely to cause secondary damage, such as fraud, by abusing it for crime.

In fact, the account linked to the access media lent by the defendant was used for the telephone financing fraud.

However, it seems that the damage will be partly recovered because the access media lent by the defendant is limited to one, and 1.7 million won out of 3 million won transferred to the account by telephone financing fraud remains without withdrawing.

The defendant is the first offender and is against the crime.

In full view of the above circumstances, the punishment as ordered shall be determined as above.

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