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(영문) 인천지방법원 2019.09.25 2019고단4980
전자금융거래법위반
Text

Defendant shall be punished by a fine of 1.5 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, on May 31, 2019, the Defendant received and consented to the proposal that “the Defendant would pay 3 million won for the lending of the card,” from the person who was unaware of his name. On the same day, the Defendant issued a physical check card connected to the account of community credit cooperatives (C) in the name of the Defendant to Kwikset service article sent by the person who was unaware of name in Incheon Gyeyang-gu and in front of the street, and sent the password and the account number to the person who was unaware of name.

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. Application of Acts and subordinate statutes to petitions, specifications of transactions, details of financial transactions, and DNA hosting data;

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 provisional payment order is that the means of access leased by the defendant is highly likely to be used as a means of other crime, such as singing, etc. and that it was actually used for singing (the victim of singing crime wired KRW 20 million to the account in the name of the defendant). Meanwhile, the defendant reflects the crime of this case, the number of means of access leased by the defendant, the financial circumstances of the defendant, the defendant's age, character and conduct, the environment, the motive and circumstance of the crime of this case, the means of access, the means and methods after the crime, and the conditions of sentencing as shown in the trial process shall be comprehensively determined.

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