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(영문) 인천지방법원 2019.07.10 2019고단3003

전자금융거래법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

No one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation in the use and management of the means of access.

Nevertheless, around February 25, 2019, the Defendant called “to provide a loan to a third party by sending a physical card” from a person with no personal standing, and around that time, the Defendant sent a physical card connected to the national bank account (B) under the name of the Defendant to the above person without personal standing using a one copy of the physical card connected to the national bank account under the name of the Defendant.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person who has no name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on transfer certificates, customer information inquiry, and details of deposits 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 order of provisional payment was that the means of access leased by the defendant was actually used for the crime of singing, and that the defendant is against his/her own mistake, and that there was no record of criminal punishment, and other favorable factors such as the defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances that are conditions for sentencing as shown in the argument of the instant case, including the circumstances after the crime.