logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.10.01 2019고단5270
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on October 15, 2018, the defendant extended a loan of KRW 3 million from a person who has not sent an advertisement letter for personal loans.

The principal and interest received a proposal to send the check card to withdraw the check using the check card, and accepted it, and then delivered the check card, one and the password connected to the Defendant’s name account (Dbank E) from the Bupyeong-gu Incheon Bupyeong-gu building C around 13:00 of the same month through Kwikset service.

As a result, the Defendant promised to lend the means of access in return for 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 to a copy of deposit certificate, search, inspection warrant and reply data;

1. Relevant legal provisions concerning criminal facts, Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act regarding the selection of punishment, and the selection of fines (i.e., the fact that any mistake is pened while in confession, the background leading to lending the means of access, the fact that the amount of damage deposited into the bank account linked to the means of access in this case has not been withdrawn, and the fact that there is no history of criminal punishment)

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow