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(영문) 인천지방법원 2018.05.03 2018고단1933
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 lend any medium access to electronic financial transactions in return for the consideration therefor.

Nevertheless, on January 2018, the Defendant lent a physical card from a person who was in the name of the first police officer for five days, to KRW 3 million per each card if he/she lent the physical card to the first police officer.

“After receiving the proposal and accepting it, “The first lender of the inspection team located within 10 U.S., 65 U.S., Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, 115, each physical card connected to the Defendant’s new bank account (C.D) in front of 115 U.S., was transferred to the above apartment 115 in a way that it is deemed to be a taxing and taxable person, in selling the above apartment 115.

As a result, the Defendant promised to pay for, lent access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Electronic Financial Transactions Act due to the lending of physical check cards connected to the account of a national bank, whichever is heavier);

1. Selection of an alternative fine for punishment;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment: Fines of not less than 50,000 won but not more than 20 million won;

2. The sentencing criteria are not set for a violation of the Electronic Financial Transactions Act in which the sentencing criteria are not set;

The sentencing criteria are not applied because of the choice of fine.In consideration of the fact that the electronic financial transaction access media that lends a fine of 3 million won to another person can be used for the fraud crime such as Bosing, etc., it is necessary to strictly punish the accused.

However, all of the crimes of this case are recognized by the defendant, and there is no profit gained by the defendant from the crime of this case.

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