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(영문) 인천지방법원 2019.06.13 2019고단2790

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

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

On January 22, 2019, the Defendant received a letter from a person in non-name and received a proposal from B to the effect that “the physical card to be used for the purpose of paying principal and interest for lending the loan,” and sent it to the Defendant through B, and then, on January 22, 200, at around 20:00 of the same month, the Defendant lent one physical card connected to the DNA bank account (Account Number: E) in the name of the Defendant in front of the Defendant’s home located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, through Kwikset service article.

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. Defendant's legal statement;

1. The police statement concerning F;

1. Transfer certificate;

1. Contents of the text received;

1. Application of Acts and subordinate statutes, such as photographs of telephone details and cards and packaging photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment, and the selection of fines (i.e., the fact that a mistake is repented while white, and the initial fact is considered);

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;