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(영문) 인천지방법원 2020.05.07 2020고단405
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

On January 1, 2019, the Defendant received text messages stating that “When he leases a cream card, the Defendant would give KRW 300,000 won per day” from a person who was named as a police officer, contacted the person under whose name the Defendant was named, consented to the proposal, and then lent one cream card connected to the bank account (Account Number: D) in the name of the Defendant to the person under whose name the Defendant was named, on January 2019, through Kwikset Service Officer.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of details of transactions and Acts and subordinate statutes governing account replys;

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. An unfavorable circumstance for sentencing under Article 334(1) of the Criminal Procedure Act: The Defendant committed the instant crime during the period of probation due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

The means of access leased by the accused was used for fraud crime.

The favorable circumstances: The defendant seems to be aware of and reflect on the crime.

It seems that there is no benefit from the crime.

There is no record of punishment or investigation for the same crime.

The punishment as ordered shall be determined by taking into account all the sentencing conditions recorded in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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