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(영문) 인천지방법원 2019.06.26 2019고단2773
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation for the use and management of the means of access.

Nevertheless, around October 17, 2018, the Defendant, upon receipt of a proposal, agreed to lend a check card to a person with no name, and receive money. On October 14:05, 2018, the Defendant sent one copy of the check card linked to the D bank account (E) in the name of the Defendant to a person with no name, prior to the point of Incheon, Nam-gu Incheon Metropolitan City Incheon Metropolitan City Incheon Metropolitan City Incheon Metropolitan City, at around 14:05.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes on criminal origin, report on occurrence, and internal investigation report;

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 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 actually used for singing, the defendant has lent his means of access to the proposal that he gains 10% of the deposit money deposited in the account with the knowledge that it is related to the private soil site. Meanwhile, the defendant is against the crime of this case, the first offender is the number of means of access leased by the defendant, the number of means of access leased by the defendant, the motive and circumstance of the crime of this case, the means of access, the motive and method of the crime of this case, the circumstances after the crime, etc., and the conditions of the sentencing as shown in the trial process, shall be determined as the order.

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