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(영문) 인천지방법원 2019.08.09 2019고단4555
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 commit any act of lending any means of access while promising to use and manage the means of access.

Nevertheless, around May 8, 2019, the Defendant: (a) visited the borrower with whom it is impossible to report the letters related to loans received from the suspect’s cell phone; and (b) listen to the phrase “it is necessary to have a e-mail card connected to the account that is able to repay the loan interest for six months”; (c) around May 9, 2019, the Defendant informed Kwikset Service Articles whose name is unknown from the Seoul building C2 level, of the e-mail, using the e-mail, connected to the Defendant’s bank account under the name of the Defendant.

As a result, the Defendant lent the means of access to a person who is not aware of his name in consideration of intangible expectation interest that can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on deposit details and dialogue;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense; selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for sentencing of the provisional payment order is a lending of a personal check to the accused for the purpose of obtaining a loan. The above crime can be used for another crime with great social harm such as scam, etc., and its nature is not very high.

In fact, the physical card lent by the defendant was used for fraud crime.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

The defendant does not seem to have actually received any consideration.

The Defendant had no record of criminal punishment for the same crime before the instant case.

The character, conduct, family relationship, and family relationship of the defendant in the above circumstances.

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