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(영문) 인천지방법원 2020.11.27 2020고정1482
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 any other Act, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access in the course of using and managing the means of access.

Nevertheless, the Defendant accepted a proposal from a person whose name is unknown to the effect that he would give a loan if he sent a physical card, and then sent two copies of the physical card connected to the public parking lot located in the Gangnam-gu Incheon Metropolitan City, Dong-gu, Incheon, in May 2019 to the person whose name is unknown through Kwikset Service, at the new bank account (B) and corporate bank account (C).

As a result, the Defendant promised to lend the means of access in return for intangible consideration, which is expected profit to receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the deposit certificate or the warrant answer document Acts and subordinate statutes;

1. Selection of a fine for selective punishment under Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts

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

1. Sentencing the sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as the transfer and lending of the means of access for electronic financial transactions can be used as means of other crimes. In fact, even in this case, the means of access leased by the Defendant is used to commit fraud, and other circumstances, such as the Defendant’s age, environment, and circumstances after committing the crime, shall be determined as indicated in the Disposition.

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