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(영문) 인천지방법원 2019.07.24 2019고단3777
전자금융거래법위반
Text

Defendant shall be punished by a fine of two 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, the Defendant is able to lend a loan of 20 million won or more from a person who has no name on June 30, 2018.

As a large number of postal cards are sent, loans are increased.

On the same day, Kwikset Service Articles who sent a false name in front of the building C in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, issued a physical card connected to the D Bank Account (E) under the name of the defendant and issued one physical card connected to the D Bank Account (F) and notified the nameless person of the above account in G message of the password and the account number.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. The application of Acts and subordinate statutes to the details of entrance and exit, communications data gathering reports, investigation reports ( Results of execution of a warrant of search, seizure and verification), and replies to seized articles;

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 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 is that the means of access leased by the Defendant is highly likely to be used as a means of other crimes, such as singing, etc., and is actually used for singing. On the other hand, the Defendant is against the instant crime; the Defendant is the first offender; the number of means of access leased by the Defendant; the Defendant’s age, character and conduct, environment; the motive and circumstance of the instant crime; the means and method of the instant crime; and the circumstances after the crime, etc. are considered as a whole.

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