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(영문) 인천지방법원 2019.05.30 2019고단1937
전자금융거래법위반
Text

Defendant shall be punished by a fine of two 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 while demanding, demanding or promising compensation in using or managing the means of access.

Around January 18, 2019, the Defendant: (a) sent a e-mail card, etc. to a person under whose name the Defendant stated that he would be able to borrow a loan; and (b) sent a e-mail card from a person under whose name the e-mail had been used to commit fraud despite the fact that it had been used to commit fraud; and (c) then sent a e-mail card, which was connected to the e-mail account under the Defendant’s name, to a person under whose name the e-mail was named, using Kwikset Service.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. The document of F;

1. Details of financial transactions and the application of CCTV data Acts and subordinate statutes;

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

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 Defendant’s cream card leased was used for the scaming crime, causing damage, and the damage has not yet been recovered.

The favorable circumstances: Recognizing the crime, it is against the law.

(A) The act of the Defendant’s act of having a person under whose name the card was given to a person under whose name the interest was given by the Defendant constitutes the act of lending a means of access prohibited by the law. The damage caused by the scam is not relatively larger than three million won.

It is the first crime.

In addition, all kinds of sentencing, such as the age, sex, and environment of the defendant, the background leading to the crime, and the circumstances after the crime.

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