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(영문) 인천지방법원 2019.06.21 2019고단839
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation in using or managing the means of access.

Nevertheless, around November 12, 2018, the Defendant: (a) received a communication from a person without a personal name to “to pay a maximum of 2.7 million won if he/she lends the account for three days; (b) agreed to lend a personal check to a person with a personal name in distress to receive money; and (c) on the same day, he/she sent one check connected to a bank account (D) in the name of the Defendant to the person with a personal name using Kwikset Service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on the occurrence of an accident, an investigation report, a closure of a victim's cell phone, a closure photograph, a closure photograph of the victim's cell phone details, a copy of the victim's account, a detailed statement of transactions of an automated instrument, a statement of transactions of an automated instrument, and a report

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 lent by the defendant is actually used for other crimes and its liability is not less severe. However, considering the fact that the defendant recognized the instant crime and reflects it, the fact that the money deposited by the victim of Bosinging remains not withdrawn and thus can be recovered from damage, and the first offender is favorable to the defendant, the punishment as ordered shall be determined by taking into account the defendant’s age, character and behavior, environment, and circumstances before and after the crime.

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