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(영문) 인천지방법원 2018.08.31 2018고단4942
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

Except as otherwise expressly provided for in any other Act, no person shall lend any means of using or managing access media used in electronic financial transactions while receiving, demanding or promising the consideration.

On March 2018, the Defendant is a liquor company, and the check card is necessary due to tax reduction or exemption.

To lend 30,000,000 won per week on the face of a week by lending 30,000 won.

“To send a e-mail card upon receipt of the proposal.”

On March 2018, 2018, the Defendant sent Kwikset service article, who was sent from No. 165, No. 165, No. 165, No. 165, to the Defendant’s new bank account (B) in the name of the Defendant.

Accordingly, the defendant agreed to receive the price and agreed to make a physical card which is an access medium in electronic financial transactions on behalf of others.

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 on financial transaction information and replies to financial transaction information in the principal;

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 of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the provisional payment order is a lending of an access medium with a promise to pay. Such a crime may not only disrupt the reliability and safety of electronic financial transactions, but also be abused as a means of crime using an access medium. Therefore, there is a need for punishment.

The Defendant's access media seems to have actually been used for the phishing fraud crime and have caused considerable damage.

The Defendant was aware of the fact that the physical card lent from the police investigation would be used for another crime.

state its statement.

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