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(영문) 인천지방법원 2019.02.15 2018고정2791
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

No person shall borrow or lend a means of access in receiving, demanding or promising any compensation.

Nevertheless, on June 28, 2018, the Defendant sent a text message to the effect that “B is a company, which needs to be paid KRW 2 million per each card.” The Defendant sent a physical card connected to the Defendant’s name bank account (D) from the Defendant’s house located in Mapo-gu Seoul at around that time to the Defendant’s office.

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

Summary of Evidence

1. Defendant's legal statement;

1. A police suspect interrogation protocol against the accused (including printed matter, E-printed material, B B B B glogs and printed matter on screen screen);

1. Application of Acts and subordinate statutes to report internal investigation (the result of execution of a warrant for search and inspection), report on internal investigation (the result of the second execution of a warrant for search and inspection (2018-563) and Cbank reply (2 execution);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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