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(영문) 인천지방법원 2018.05.04 2018고단1527
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

On December 2, 2017, the Defendant is using the interest when sending the check card from the person who was not the deceased in his name.

“Along with the knowledge that the loan was made by an abnormal and illegal method, it did not at all verify the personal information of the person in unsound name, the place of work, the institution granting the loan, and the employee belonging to the institution granting the loan. The authenticity of the loan promise was not verified. In addition, if the cash card, etc. sent by the Defendant is not returned as well as the market or place, method, and the method of response, etc., at all not determined (not only sending the cash card, etc. to a specific address but also sending it to Kwikkset Service, so it was not confirmed the recipient’s address, location of office, etc.). Moreover, the account was already investigated by the investigation agency on August 26, 2017 by providing that “a delivery of the check card connected to the Defendant’s bank account to the Defendant’s bank account is to undermine the loan” and it was experienced by the Defendant’s criminal investigation agency.

Therefore, even if the Defendant sent an access medium connected to the Defendant’s account under the name of the Defendant to the above party, he was fully aware that he would not use and return the above access medium in mind for the illegal purpose.

Nevertheless, around 16:00 on December 21, 2017, the Defendant transferred the physical card connected to the Defendant’s name bank account (F) at the Bupyeong-gu, Incheon, Bupyeong-gu D, and the first floor E coffee shop through Kwikset’s service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of statutes on financial transaction information;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected;

1. Attraction of a workhouse;

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