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(영문) 인천지방법원 부천지원 2020.02.14 2019고단3820
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 the means of access by financial institutions, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on July 10, 2019, the defendant extended a loan of KRW 5 million from a person who is not injured by his name.

In lieu of the repayment of the loan, the cash card must be sent to us for the withdrawal of principal and interest.

“Around 12:53 July 11, 2019, at the 3-dong post offices located in Seocheon-ro, Seocheon-ro, 211, issued one cash card connected to the Korean City Bank Account (Account Number: B) in the name of the defendant to the above-mentioned person.

As a result, the Defendant promised to pay for the intangible expected interest of future loans and lent the means of access to financial institutions to the above-mentioned person.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of remittance receipt or financial transaction data (A)-related Acts and subordinate statutes;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. The act of lending the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and the social harm of the means of access is not severe.

However, in full view of the following factors: (a) the Defendant reflects the mistake; (b) the motive and background of the instant crime; (c) the number of means of access transferred; (d) the amount of relevant damage; (c) the economic condition of the Defendant; and (d) the Defendant’s age, character and conduct, family relationship; and (d) the previous criminal records, etc., the punishment shall

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