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(영문) 인천지방법원 2018.05.18 2018고단1162
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No one shall transfer or take over any access medium or lend or lease any access medium while receiving, demanding or promising the price therefor in using or managing the access medium.

Nevertheless, on December 21, 2017, the Defendant received user fees of 6114, 1114, 61, 17, from the person in the name in the front side of the Incheon Gyeyang-gu, in one month from the person in the name in the name in the middle side, and through Kwikwikset Service Articles, issued a copy of the personal compromise account (Account Number: B) in the name in the name in the name of the Defendant to the person in the name in the name in the name in the name in question.

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

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 to confirm the results of electronic financial transfer, and details of deposits and deposits;

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 crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is for the defendant to receive the price and lend the check card to a person with no name. The above crime is not very good because the access media, such as the check card, can be used for another crime with great social harm and injury, such as voiceing, etc.

In fact, the physical card lent by the defendant was used for fraud crime.

However, the defendant seems to have led to the confession of crime and to reflect the mistake.

The defendant does not seem to have actually received any consideration.

The Defendant has no record of criminal punishment prior to the instant case.

In the above circumstances, the sentencing conditions shown in the trial process of this case, such as character and conduct, family relationship, family environment, motive and means of crime, and circumstances after crime.

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