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(영문) 인천지방법원 부천지원 2019.09.24 2019고단1622

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

In using and managing the means of access for electronic financial transactions, no one shall promise to receive compensation unless otherwise specifically provided for in any other Act and lend the means of access.

Nevertheless, on March 26, 2019, the Defendant, who had misrepresented the staff of a financial institution, issued a letter of check to the name-free person and notified the password of the said card to the name-free person through the Kwikset Service Articles, which is connected to the new bank account (D) in the name of the Defendant at the office located in Kimpo-si on the same day after receiving a telephone call that “the personal check card and password is required to receive interest.”

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A criminal investigation report (report on attachment to the Kakao Stockholm dialogue);

1. Application of the remittance certificate or reply financial data Acts and subordinate statutes;

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. Suspension of execution under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Do1448, Apr. 2, 2011)