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(영문) 인천지방법원 2019.01.23 2018고단1080

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No one may lend any means of access with promise to pay for the use and management of the means of access.

On September 28, 2017, the Defendant: (a) received a proposal from a name-free person to the effect that “a loan is to be made; (b) a balance must be made in the passbook; (c) if you send the check card, we would make a balance by inserting money in the passbook and then execute the loan after deducting money in our own name,” and (d) lent a check card connected to the Defendant’s name-free person via Kwikset Services by sending it to the name-free person.

As a result, the Defendant promised to receive an intangible expected profit to receive a loan and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of damage to the F;

1. Application of Acts and subordinate statutes to the details of damage transfer, financial information and reply, and details of deposit and withdrawal transactions;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the means of access leased by the defendant is highly likely to be used as a means of other crimes, such as singing, etc. and that it is actually used for singing. On the other hand, the defendant is against the crime of this case, the first offender is the number of the means of access leased by the defendant, the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, means and method, circumstances after the crime, etc., and the conditions of sentencing as shown in the trial process.