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(영문) 인천지방법원 2020.09.16 2020고정1167
전자금융거래법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing a means of access, 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, unless otherwise expressly provided for in other Acts.

Nevertheless, the Defendant received a proposal from a name-free person to the effect that he would borrow a loan if he sent a physical card, and accepted it. On February 12, 2020, the Defendant sent one physical card connected to the account (C) of the Defendant in the name of the Defendant to the Kwikset through Kwikset Services.

As a result, the Defendant promised to lend the means of access in return for intangible consideration, which is expected profit to receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements of D;

1. Application of Acts and subordinate statutes to a report on occurrence (Fraud), victim Kakakao Stockholm dialogue, transfer statement, search, seizure and verification warrant and reply sheet;

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 62(1) of the Criminal Act of the suspended sentence is highly harmful to the social crime of scaming fraud, and the defendant committed the crime of scaming fraud through the physical card connection account transferred by the defendant, the defendant intends to obtain a loan to prepare medical expenses, etc. after undergoing a medical examination of several years old age, resulting in the crime of this case, the account transaction was suspended by the rapid report of the victim, and the defendant actively cooperateed with the return of the victim, and returned to the victim, etc., by taking into account the sentencing conditions under Article 51 of the Criminal Act, including the above circumstances, the sentence equivalent to the summary order shall be specifically suspended.

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