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(영문) 인천지방법원 2018.10.18 2018고단2497
전자금융거래법위반
Text

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

When 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 while receiving or promising any consideration in using and managing the access medium.

Nevertheless, on November 27, 2017, at around 15:00, the Defendant received a Kakao Stockholm message to the effect that “one day-to-day 20,000,000 won was lent to the Defendant’s residence, and 3,00,000 won was returned to the Defendant,” from the Defendant’s name in his/her residence, and received Kwikset’s new financial investment physical card under the Defendant’s name through Kwikset’s article, and notified the account password connected to the above Kakao Stockholm.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

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 on a petition, account transaction details, account information, and transaction details;

1. Relevant Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts, the selection of fines for the crime (such as: (a) although the media from which the Defendant lent was actually used for the criminal act of Bosing, the crime is not good; (b) the primary crime is the first crime; and (c) the fact that his/her mistake is against each other;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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