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(영문) 인천지방법원 부천지원 2019.10.25 2019고단2281

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 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, around January 22, 2019, the Defendant received a proposal from a person with low interest to make a false transaction performance from a person with low interest in the name of the Cbank in front of the B Station near the B Station in Bupyeong-si, and gave consent to the loan, and then, he sent one physical card connected to Cbank Account D in the name of the Defendant through Kwikset Service.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. E’s written petition and summary statement;

1. Application of the details of account transactions and the Acts and subordinate statutes governing Cbank reply materials;

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 act of lending the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and the social harm of the means of access is not severe.

However, according to a comprehensive consideration of various sentencing conditions shown in the trial of this case, such as the fact that the defendant commits a crime and commits a crime, the motive and circumstances leading up to the previous criminal punishment, the amount of relevant damage, the number of means of access transferred, the circumstances after the crime, the age of the defendant, character and conduct, family relationship, economic circumstances, etc., the punishment shall be determined as ordered by the court of this case.