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(영문) 인천지방법원 2019.10.23 2019고단4435
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

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

Nevertheless, around January 11, 2019, the Defendant promised to “be paid KRW 800,000 per day on the face of lending the eck card,” from the person under whose name the ec.g., at the B’s place of business located in Pyeongtaek-si (hereinafter referred to as Pyeongtaek-si). Around that time, the Defendant sent eck card to the person under whose name the ec.g., using a ec., one card connected with the

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A petition, a detailed statement of entrance and exit transactions, and a telephone conversation list or photograph;

1. Application of C reply data, details of account transactions, and statutes governing F dialogues;

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 leased by the defendant is highly likely to be used as a means of other crimes, such as singing, singing, etc. and that the defendant actually used as a means of other crimes. Meanwhile, the defendant is against the crime of this case, taking into account the number of means of access leased by the defendant, the age, character and conduct, environment, motive and circumstances of the crime of this case, means and methods after the crime, and the conditions of sentencing as shown in the records and trial process.

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