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(영문) 인천지방법원 2019.05.15 2019고단1829

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

In using and managing the means of access, no one may transfer the means of access unless otherwise specifically provided for in other Acts.

Around May 2018, the Defendant received a proposal that “I would give a loan by accumulating the results of finance if you send a physical card,” from a person who has no name, and then accepted the proposal, and thereafter, at around that time, transferred a copy of the physical card connected to the credit account (Account Number: E) of the Defendant’s name to the front of the Cental in Incheon Gyeyang-gu, Incheon.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written petition and a written statement;

1. Application of Acts and subordinate statutes to D Bank Accounts (title A);

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the means of access transferred by the Defendant is highly likely to be used as a means of other crimes, such as singing, etc., and that the Defendant actually used for singinginging, etc., and that the Defendant had the record of receiving a fine of KRW 3 million as a result of the crime of violating the Electronic Financial Transactions Act on October 11, 2016. However, the crime of the Defendant’s previous conviction is the case where the means of access was leased on condition that the Defendant would receive a loan amount of KRW 2.4 million, or the instant crime is the case where the Defendant, who

On the other hand, considering the fact that the defendant is against the crime of this case, the number of means of access that the defendant transferred, the age, character and conduct, environment of the defendant, the motive and circumstances of the crime of this case, the means and methods after the crime of this case, and the conditions of sentencing as shown in the trial process, the sentence like the order shall be determined.