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(영문) 인천지방법원 2019.08.14 2019고단3821
전자금융거래법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, from January 10, 201 to March 13, 2019, the Defendant received a proposal from a person who has not been asked for a loan of KRW 5 million on the condition of annual interest rate of 10% from the person who has not been asked for the loan, and in order to obtain the loan, credit rating shall be high, and in case of sending the physical card, if sending the physical card, it will offer the loan after continuously raising the credit rating, and then accepting it. On the same day, the Defendant issued one copy of the physical card connected to the Defendant’s bank account in the name of the Defendant to the Kwikset service engineer who sent the name-free winners prior to the Incheon Bupyeong-gu B apartment C on the same day, and sent the password and the account number to the person who has not been asked for the above account via E message.

Accordingly, the Defendant promised to pay compensation and lent the means of access to financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol of statement to F;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the elements of unfavorable sentencing, such as the fact that the means of access leased by the defendant was actually used for the crime of licensing, the elements of favorable sentencing, such as the fact that the defendant is against his/her own mistake, the fact that there is no record of criminal punishment for the same kind of crime, and the fact that there is no record of criminal punishment heavier than the fine, and other circumstances that form the conditions for sentencing as shown in the argument of this case, such as the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, and circumstances

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