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(영문) 인천지방법원 2018.11.08 2018고단7210
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 or lend any access medium while receiving, demanding or promising compensation.

Nevertheless, around July 12, 2018, the Defendant promised that “on the part of his name, he borrowed an account for the purpose of distribution of transaction performance” from the person in the name of the apartment unit B in Dong-gu Incheon Metropolitan City, and that “on the part of his account, he would pay KRW 3 million per one, if he borrowed the account,” and lent the check card by using Kwikset’s service to deliver one check card connected to the Defendant’s name bank account (Account Number C) by using Kwikset’s order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of replies to requests for financial transaction information;

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 Defendant’s crime of sentencing under Article 334(1) of the Criminal Procedure Act is not only an obstacle to the credibility of the safety performance of electronic financial transactions, but also a soil where various crimes are committed based on society as a source of supply of the passbook.

The result of the defendant's spread of access media to the organization is that it is disadvantageous to the result of the damage of the licensing.

However, the defendant shall be punished by a fine in consideration of the status of the first offender who has been harsh or weak in his/her own criminal intent in the advertisement, and the side effects of the serious reflective detention and detention.

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