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(영문) 인천지방법원 2018.08.30 2018고단5196
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 one shall borrow or lend any access medium, or store, deliver or distribute any access medium, while receiving, demanding or promising to receive any consideration in using or managing the access medium.

Nevertheless, on May 25, 2018, the Defendant: (a) called on the phone to the effect that he/she would use the e-mail card for three days on the face of a week from a person without his/her name to “to use the e-mail card for the purpose of tax reduction and exemption; and (b) agreed to lend the e-mail card to a person with no name and receive money; (c) on the same day, the Defendant used the e-mail card connected with the e-mail bank account in the name of the Defendant; (d) around the Defendant’s residence in the name of the Defendant in the Nam-gu Incheon Metropolitan City, the e-mail card connected with the e-mail bank account in the name of the Defendant; and

As a result, the Defendant promised to give instructions in electronic financial transactions or to offer access media used to ensure the authenticity and accuracy of the contents of transactions with users and users.

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 governing the provision of written petition and financial transaction information;

1. Relevant legal provisions concerning criminal facts, Articles 49 subparag. 2 and 6 subparag. 3 subparag. 2 of the Act on Electronic Financial Transactions through which punishment is chosen, and the choice of fines (it is not appropriate to commit a crime because access media leased by the Defendant was actually used for the criminal act of Bosing, but not for the same criminal record, and considering the fact that there is no criminal record of the crime of the same kind, and that there is against his/her wrongness);

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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