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(영문) 인천지방법원 2017.09.27 2017고단5469
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, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, on February 27, 2017, the Defendant: (a) received KRW 3,000,000 on condition that he lent the C restaurant located in Nam-gu Incheon Metropolitan City, Nam-gu, and (b) lent a financial institution’s access medium with a promise to provide a password to a nameless person via Kwikset service article via a new bank account (D) in the name of the Defendant, and (c) lent a password to a new bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of account transactions and bank replies;

1. Application of Acts and subordinate statutes to report on investigation;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment is that the defendant receives a consideration and transfers an access medium is not less than the standard for the crime. However, the defendant's mistake and reflects the defendant's wrong recognition, the fact that the defendant seems not to receive a consideration, and the fact that there is no record of criminal punishment shall be sentenced to a fine as set forth in the order.

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