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(영문) 인천지방법원 2019.03.15 2019고단835
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, around November 9, 2018, the Defendant: (a) received a proposal from a person who has not been named in the name of the Defendant, to the effect that “The Defendant is a logistics company B, and is leased with the physical card for the benefit of logistics; (b) would give KRW 3 million per opening on the condition that it is used for three days if he/she lends the physical card; and (c) promised to receive KRW 1 million per day in the name of the Defendant’s bank account (E) at the Defendant’s residence in Gyeyang-gu Incheon Gyeyang-gu, Incheon, and then, (d) delivered the physical card to the person who has not been named in the name of the Defendant using one copy of the physical card connected with the D Bank account (E) in his/her name at his/her residence.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Details of deposits, details of Defendant’s account, and application of Acts and subordinate statutes on telephone calls;

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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed on the grounds that the defendant was paid the consideration and lent the check card to his/her name impaired. As such, the crime of this case can be used for another crime with great social harm, such as scaming, etc., and its nature is not very good.

In fact, the physical card lent by the defendant was used for fraud crime.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

The defendant does not seem to have actually received any consideration.

The Defendant has no record of criminal punishment prior to the instant case.

In the above circumstances, the defendant's character, family relation, family environment, motive and means of committing the crime.

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