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(영문) 인천지방법원 2019.06.14 2019고단2771
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

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

On December 10, 2018, the Defendant: (a) received a proposal from a person under whose name the Defendant reported the lending advertisement to C; (b) received a proposal from an unsatisfying person to “if he/she sent the e-mail card for the purpose of lending interest, he/she will deduct 20,000 won from the interest of 20,000 won in one month from the account; and (c) lent a copy of the e-mail card connected to the Defendant’s bank account (Account Number: G) in the name of the Defendant at around 20:0 of the Defendant’s house located in Gyeyang-gu Incheon Gyeyang-gu Building D, Incheon, through Kwikset Service news.

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 of H;

1. H and an application for a transaction with F Bank, etc. (A);

1. Application of Acts and subordinate statutes of dialogue content;

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 under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the means of access lent by the defendant is actually used for other crimes and its liability is not weak. However, the fact that the defendant recognized the instant crime, the fact that the defendant seems to have no actual acquisition cost, and the initial crime are considered as favorable to the defendant. In addition, the punishment is determined as ordered by considering the defendant’s age, character and conduct, environment, circumstances before and after the crime.

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