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(영문) 인천지방법원 2019.10.17 2019고단4407

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

On February 2, 2019, the Defendant received a proposal from a senior policeman on his name to the effect that “a loan is possible: Provided, That it is necessary to engage in credit work, but the check card and the account number are transferred.” On February 26, 2019, the Defendant lent three copies of the check card, which are linked to the bank account (Account Number: E, F) and enterprise bank account (Account Number: G) in the name of the Defendant, from the point of convenience located in Gyeyang-gu Incheon Gyeyang-gu, Incheon around the 26th day of the same month.

Accordingly, the Defendant promised to receive future loans in return for intangible expected gains, and lent means of access to a person who is not aware of his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol against the defendant, and H dialogue content;

1. Application of Acts and subordinate statutes to the police statement of I;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Voluntary fine for punishment (the fact that the defendant misleads the defendant and is the first offender, etc.);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.