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(영문) 인천지방법원 2019.07.15 2019고단3216
전자금융거래법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

On February 2, 2019, the Defendant received text messages from a person in non-name to lend at a low interest rate and made a loan by telephone to the effect that “I will create a capital loan. I will send a physical card to send it. I will create the account transaction record. I will send it.” On February 2, 2019, the Defendant accepted it, and then lent one check card connected to B Bank Account (Account Number: C) under the name of the Defendant in the vicinity of the apartment apartment located in Bupyeong-gu, Incheon, Seocheon-gu, Incheon.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person who has no name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to financial account reply statements;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include elements of unfavorable sentencing, such as the fact that the means of access leased by the defendant was actually used for the crime of singing, and that the defendant is against his/her own mistake, factors of favorable sentencing, such as the fact that there is no record of criminal punishment for the same kind of crime, and other factors, such as the defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, etc., were taken into account.

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