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(영문) 인천지방법원 2017.10.27 2017고단5460
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall lend any access medium used for electronic financial transactions in return for a request or promise for the payment thereof.

Nevertheless, on May 2017, the Defendant extended the amount of KRW 3 million after raising credit by repeatedly accumulating financial transaction performance when sending the check from the person who was in the name of the deceased.

“The Party receives a commitment, and at the end of the same month, through Kwikset Service Articles, sent a chapter of C Card connected to the post office account (D) under the name of the Defendant at the end of the same month, and sent a password to the name-oriented person and a password by telephone.

As a result, the Defendant promised to obtain intangible expected profits that can receive a loan in the future by raising credit rating through the details of high-amount deposit and withdrawal transactions, and lent a medium of access to a name-oriented person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certificate of transfer confirmation;

1. Application of Acts and subordinate statutes of post office replies;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act are recognized and reflected in the crime, and there are some circumstances that may be considered in light of the background or motive leading to the crime of this case (the basic life recipients to prepare hospital expenses) and the fact that there is no profit actually earned from the crime of this case. In determining the amount of fine, the amount of fine shall be punished by a fine in consideration of the favorable circumstances such as the fact that there is no profit actually earned from the crime of this case, but the unfavorable circumstances other than the above favorable circumstances (such as the fact that there was a record of being punished for the crime of this case, and the fact that the crime was committed during the suspension of the execution period due to this crime) and other conditions revealed in this case, such as the defendant's age, sex, home environment, health condition, and the circumstances after the crime

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