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(영문) 인천지방법원 2020.10.16 2020고정1288

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

No person shall, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on November 19, 2019, the Defendant heard the horses that “the delivery of the physical card necessary for the payment of interest on the lending line,” from the person under whose name the Defendant was named, and sent the physical card to the person under whose name the Defendant was named, by means of a delivery of one copy of the physical card connected with the national bank account (B) in the name of the Defendant at the post office located in Gyeyang-gu Incheon Gyeyang-dong.

As a result, the Defendant promised to receive intangible expectation interest that can receive a loan and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Details of deposits and the application of Acts and subordinate statutes;

1. Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) concerning criminal facts and the selection of a fine: Selection of a fine;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: The transfer and lending of the means of access for electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act need to be strictly punished as the means of other crimes. In fact, even in this case, the means of access leased by the defendant is used to commit fraud, and the punishment as ordered is determined in consideration of all the circumstances, including the fact that the means of access leased by the defendant has been used to commit fraud, and other circumstances,