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(영문) 인천지방법원 2018.04.18 2018고단511
전자금융거래법위반
Text

Defendant shall be punished by a fine not exceeding six million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

On December 11, 2017, the Defendant: (a) borrowed a passbook from a person in a name in front of Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) borrowed a passbook to KRW 600,000,000,000,000,000 for alcoholic beverages; and (c) extended Kwikset Service to the name in the name of Kwikset through Kwikset’s service with a physical card connected to the account in the name of the Defendant’s bank (C) and lent the accessible medium by informing the

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a detailed statement of transactions of entry and withdrawal;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the lending of electronic financial transaction access media for the sentencing of the provisional payment order is highly likely to cause secondary damage, such as fraud, and the Defendant’s lending account was actually used for Bosing.

In addition, one defendant has been sentenced to punishment for larceny, etc., and has committed the crime of this case during the period of repeated crime.

However, the account borrowed by the defendant is one and there is no same criminal record.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the motive, background, means, and consequence of the instant crime, frequency of the crime, age, criminal defendant's age, sexual conduct, environment, criminal record, and circumstances after the crime.

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