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(영문) 인천지방법원 부천지원 2020.07.22 2019고단4387

전자금융거래법위반

Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, on July 16, 2019, the Defendant promised to borrow KRW 30 million from the person who was unaware of his name who had misrepresented the employees of B bank lending business operators, and on the same day, lent one check card connected to the account (D) opened in the name of the principal at the Gwanjin-ro 2, Gwangjin-gu, Seoul Special Metropolitan City, by using the post office home page.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the transactions of entry and departure;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of the provisional payment order is a crime that undermines the safety and trust of financial transaction, and the transferred card, etc. may be abused as a means of other crime. Therefore, the Defendant’s responsibility is not somewhat weak.

However, the defendant did not directly acquire the benefits due to this crime, and shows his attitude of recognizing and opposing his mistake.

The defendant is a first offender who is not punished for any crime.

Other conditions of sentencing, such as the age, character and conduct, family environment, circumstances of the crime, and circumstances after the crime, shall be determined the same as the order.

It is so decided as per Disposition.