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(영문) 인천지방법원 2019.07.11 2019고단3077
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 one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation for the use and management of the means of access.

Nevertheless, on January 25, 2019, the Defendant called “to send a physical card to him/her,” and sent one physical card connected to the Defendant’s name bank account in Jung-gu, Incheon, B from “C” to Kwikset Service.

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. Application of the Acts and subordinate statutes concerning the details of replies to the G Bank and H dialogue;

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. In light of the fact that the crime of lending the means of access under the Electronic Financial Transactions Act with the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not only detrimental to the security and reliability of electronic financial transactions, but also is also a means to facilitate other crimes, there is a need for strict punishment against the Defendant in light of the fact that the means of access in this case leased by the Defendant was actually used for the crime.

However, it appears that the defendant is able to repent of wrong facts while making a confession, there is no benefit from the defendant to commit the crime of this case, there is no criminal record exceeding the same criminal record and fine, the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined by taking into account the following factors.

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