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(영문) 인천지방법원 2019.08.27 2019고단4604
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, at around 12:00 on March 28, 2019, the Defendant promised to obtain loans from a person with no personal standing, and sent a physical card connected to the new bank account (Account Number C) opened in the name of the Defendant and one check connected to the bank account (Account Number D) by Kwikset service article to the person with no personal standing.

Accordingly, the Defendant promised to borrow a means of access used in electronic financial transactions to receive compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the details of deposit and withdrawal transactions, details of account transactions, details of deposit and withdrawal transactions, details of deposit transactions, and details of deposits and withdrawal without passbook;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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