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(영문) 인천지방법원 2020.01.10 2019고정2312
전자금융거래법위반
Text

The sentence of sentence against the defendant shall be suspended.

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, around July 5, 2019, the Defendant, in front of the Defendant’s residence in Yeonsu-gu Incheon Metropolitan City, lent the means of access in order to obtain a loan by delivering to Kwikset service provider one copy of the physical card, which is linked to the new cooperation account (C) opened in the name of the Defendant, as it is necessary to verify the credit rating in order to obtain a loan, and to verify the credit rating, and at the same time receive the physical card, one million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Inquiry of details of financial transactions;

1. Application of Acts and subordinate statutes of a copy of the content of 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. A fine of two million won to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act (amount of money to be converted to a kindergarten: 100,000 won per day);

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2007Do1448, Apr. 2, 2007)

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