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(영문) 인천지방법원 2018.03.22 2018고단1386

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

No person shall lend or lend any access medium while receiving, demanding or promising compensation therefor.

Nevertheless, on December 28, 2017, the Defendant would offer a loan by increasing the transaction performance from a person who is in the name of the defendant on his/her own.

“On receipt of the proposal, at the same day, from Gyeongnam Kim-si, the Czekset Card connected to the Defendant’s name bank account (C) was sent to the name in the name of the deceased through Kwikset Service.

As a result, the Defendant promised to receive the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Inquiry into the results of transfers and application of Acts and subordinate statutes on financial transactions;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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