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(영문) 인천지방법원 부천지원 2019.01.11 2018고단2925
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 person shall borrow or lend, or store, deliver or distribute any password, user number, etc. registered in a financial institution or an electronic financial period, which is the means of access to an electronic financial transaction, by receiving, demanding or promising to receive any consideration.

Nevertheless, at around 16:00 on May 28, 2018, the Defendant made a false additional income and received a loan when he was unable to obtain a loan due to low credit in the office located in Dobong-gu Seoul Metropolitan Government Office B. On the other hand, the Defendant sent a cash card connected to the Cbank account (Account Number:D) under the name of the Defendant to the needy party using a home-based card, and notified the password of the cash card to the mobile phone hosting E.

As a result, the Defendant promised to receive intangible expected profits that can be received future loans through false details of transactions of withdrawals, and lent the means of access to a person who is named in the name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the statutes on replies by financial institutions;

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 appears to be against the Defendant’s recognition of the instant crime, the primary offender, the fact that the Defendant went to the instant crime for the purpose of obtaining a loan in an abnormal manner, the fact that the account leased by the Defendant was used for the commission of fraud, and other circumstances, including the Defendant’s age, character and conduct, the motive and conduct leading to the instant crime, the method of committing the instant crime, and the circumstances after the crime, etc., and the sentencing conditions specified in the records and pleadings, shall be determined by taking

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