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(영문) 인천지방법원 2019.03.28 2018고단9076
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

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.

On September 3, 2018, the Defendant agreed to receive money from a person who was unaware of his name that “I will use the account for three months if I want to lend the account, and pay KRW 3 million per month.” On September 3, 2018, the Defendant used the personal check card connected with the Defendant’s name (E) in front of the Defendant’s residence located in the Bupyeong-gu Incheon Bupyeong-gu building C, Incheon, at around 18:00 on the same day, he sent the personal check card to the person who was unaware of his name by using the Defendant’s name.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of remittance confirmations;

1. Relevant legal provisions concerning facts constituting the crime, Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act that choose a sentence, and the choice of a fine (including the content of the crime in this case and the degree of damage resulting therefrom, and the pening of the defendant's mistake, etc.);

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract 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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