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(영문) 인천지방법원 2017.12.19 2017고단8439
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 lend or lend any access medium in receiving, demanding or promising any consideration.

Nevertheless, on August 2017, the Defendant is a liquor company, and there is a large amount of tax from a person who is infinite's name.

To use a borrowed-name account, 2 million won will be paid monthly on the face of the lending of the check card.

“A post office, on August 20, 2017, located in the Yeonsu-gu Incheon repair service distance, leased a medium of access to electronic financial transactions by means of delivering a copy of the physical card connected to the Saemaul Treasury’s account (B) in the name of the Defendant and informing the password to its address, using the message.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on account transactions;

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 the physical card or password on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for sing, singing, etc., and thus, the social music is reasonable.

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 are seven criminal records for the defendant, but there are no criminal records for the same kind.

The punishment shall be determined as per the order by selecting a fine in consideration of the conditions of all the sentencing, such as the defendant's age, sex, family relationship, property status, etc.

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