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(영문) 인천지방법원 부천지원 2019.09.05 2019고단1860
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no one shall lend a means of access by financial institutions while demanding, demanding or promising compensation.

Nevertheless, at around 15:00 on February 14, 2019, the Defendant heard from a person who was unable to know the name known through the Internet search at an unspecified place, that “I will loan up to 60 million won by reserving up the credit rating by reserving up the deposit and withdrawal transaction performance.” In response, at around 18:00 on the same day, the Defendant’s name cannot be known before the Defendant’s home located in the Kimpo-si, Kimpo-si’s company account in the name of the Defendant’s company (C) to Kwikset-si’s article with a physical card connected to the Defendant’s company’s bank account (C) and then inform him of the password of the above physical card by telephone to a person whose name is unknown.

Accordingly, the Defendant promised to receive future loans in return for intangible expected gains and lent the means of access to financial institutions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the details of transfer results, replys to requests for provision of each financial transaction information, etc., and deposit and withdrawal transactions;

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. 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 entertainment, and such social harm is serious.

As a result of the instant crime, the damage was caused by the instant crime, and the damage was not recovered.

However, the defendant reflects his mistake in depth and has no record of the same kind, and the motive and circumstance of the crime of this case, the amount of related damage, etc. shall be determined as the order.

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