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(영문) 인천지방법원 2020.01.23 2019고단192

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, in using and managing a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

Nevertheless, on October 18, 2018, the Defendant received a proposal to lend a check from a person with no name to a police officer who borrowed money. On October 16, 2018, the Defendant sent one physical card connected to the Defendant’s name C (D) account through Kwikset Service from Yeonsu-gu Incheon, Incheon, to a person with no name, and thereafter lent the means of access to the same place on October 18, 2018.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on internal investigation (the result of analyzing smartphone electronic information);

1. A specification of transactions;

1. Application of the Acts and subordinate statutes to photograph seized articles;

1. Relevant provisions of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act, the selection of fines for criminal facts, and the selection of fines (the confession made by the accused to an investigative agency and the absence of criminal records exceeding the same criminal records or fines shall be taken into account);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;