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(영문) 인천지방법원 부천지원 2019.07.05 2019고단1177

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

Nevertheless, at around 11:19 on Nov. 9, 2018, the Defendant listened to the phrase “for a loan, the Defendant shall send a physical card to him/her” while receiving a loan consultation by telephone from an unqualified person who misrepresented B agent, and around the 12th day of the same month, at the Seo-gu Incheon Metropolitan City building C, one physical card connected to the post office account (E) under the name of the Defendant was delivered to Kwikset 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. A written statement;

1. Application of Acts and subordinate statutes on receipts, personal information, details of financial transactions, and G dialogues;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;