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(영문) 인천지방법원 부천지원 2019.06.20 2019고단1097

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

No person shall lend a means of access, promising any consideration.

Nevertheless, around November 13, 2018, the Defendant listened to the statement that “When sending the e-mail card so that interest may be paid, the Defendant would give a loan.” On November 21, 2018, the Defendant issued the e-mail card, which is the means of access to the Cbank Account (D) in the name of the Defendant, in front of the Non-de-Si, Seocheon-si, B through a home-based engineer.

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. Statement to E by the police;

1. Report on internal investigation (verification of Kwikset engineer, etc. who has delivered a passbook for large-scale use);

1. Application of the provisions of statutes on dialogues, the details of entrance and exit transactions, the statement of seizure warrant and reply data of the suspect;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 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 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 punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant reflects his mistake in depth and investigates the police by reporting his own mistake to the police; the fact that the defendant was the first offender who has no record of other criminal punishment; the motive and circumstance of the crime of this case; and the amount of related damage.