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(영문) 인천지방법원 2019.07.17 2019고단3118
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 person shall borrow or lend a means of access in receiving, demanding or promising any compensation.

Nevertheless, on January 25, 2019, the Defendant issued a proposal to the effect that “When sending a e-mail card to withdraw the principal and interest of the loan, the Defendant will lend KRW 5 million to the Defendant.” On January 30, 2019, the Defendant sent the e-mail card to Kwikset service article, which was linked to the Defendant’s name bank account (E) by the Defendant’s workplace located in Kimpo-si B, Kimpo-si, and sent the e-mail card to the Defendant.

As a result, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the details of transactions, copies of passbooks, certificates of electronic financial transactions, and replys to details of financial transactions;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the means of access leased by the defendant is highly likely to be used as a means of other crimes, such as singing, etc. and is actually used for singing. Meanwhile, the defendant is against the crime of this case, there is no record of punishment as the same crime, the victim F of the crime of singinging is seeking a preference against the defendant, the number of means of access leased by the defendant, the age, character and conduct, environment, the motive and circumstances of the crime of this case, the means of access, the means and methods after the crime, etc., shall be determined by taking into account the following factors:

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