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(영문) 인천지방법원 2020.06.23 2020고정577
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 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 October 14, 2019, the Defendant issued one debit card, which is the means of access to the Defendant’s name bank account (C) in Michuhol-gu Incheon on the same day, through Kwikset Service Articles, through Kwikset Service Articles, to the Defendant’s personal account in front of the Defendant’s home in Michuhol-gu, that “the repayment of a loan has to be made by automatic transfer,” and we do not have automatic transfer registration with only the account number alone. If you send the personal check card to us and notify the password, the Defendant would register the automatic transfer of the repayment of the loan.”

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of personal financial transactions and replies;

1. Application of Acts and subordinate statutes to investigative reports (Attachment to the Kakao Stockholm dialogue between a suspect and a Buddhist noble person);

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The lending of the means of electronic financial transactions, such as the instant crime, is likely to disturb financial order as well as to facilitate the criminal act of Bosing, etc. In fact, since the means of access leased by the Defendant was used for the criminal act of Bosing, the crime liability is not easy.

A favorable circumstances: The defendant seems to have relatively weak degree of intention to commit a crime.

It is the first crime.

I derive from the above circumstances.

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