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(영문) 인천지방법원 부천지원 2019.06.20 2019고단582

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on October 2018, the Defendant received the word “to prejudice a loan” from a person who is not the name of the beneficiary and received a loan amount of KRW 8 million, and received the word “to obtain a loan, to enter the money of the lending company in order to obtain a loan, and to raise the possible amount of loan by doing so.” On November 15, 2018, the Defendant issued a means of access, such as check cards and passwords, connected to the Defendant’s name bank account (D) at the Bupyeong-gu Incheon B Wholesale Market Management Office, Bupyeong-gu, Incheon, through Kwikset.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the certificate of account transfer and the statutes governing financial transaction information in the name of a Cbank;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The act of lending the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is an act that facilitates various crimes, such as tax evasion, Internet gambling, and entertainment, and such social harm is serious.

As a result of the instant crime, the damage was caused by the instant crime, and the damage was not recovered.

However, the defendant reflects his mistake in depth and has no record of other criminal punishment before, and the motive and circumstance of the crime of this case, related amount of damage, etc. shall be determined as ordered by taking into account the following factors.