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(영문) 인천지방법원 2019.06.14 2019고단3257
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

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around February 18, 2019, the Defendant listened to the statement that “if the Defendant sent a physical card to enable the payment of interest, he would give a loan,” and then, in the vicinity of the Incheon, issued the physical card, which is the means of access to the CUnion account in the name of the Defendant, to the bearer via the door-to-door engineer.

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. E’s written petition;

1. Application of Acts and subordinate statutes to the details of transfer and the contents of F 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the order of provisional payment is that the crime of this case lending a personal check to a person under whose name the defendant would have to get a loan. The above crime can be used for another crime with great social harm such as scam, etc., and its nature is not good.

In fact, the physical card lent by the defendant was used for fraud crime.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

The defendant does not seem to have actually received any consideration.

The Defendant had no record of being punished for the same crime before the instant case.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.

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