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(영문) 인천지방법원 2019.05.16 2019고단2295
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one may lend a means of access in exchange for the receipt, request or promise of compensation in using and managing the means of access.

Nevertheless, around December 24, 2018, the Defendant received a proposal from a person who is in non-name in the name of the Defendant in the residence of Michuhol-gu Incheon, stating, “A personal account needs to be paid from the company due to tax issues, etc..” In response, the Defendant sent two physical card-related to the Defendant’s name Cbank account (D) and E Bank account (F) through Kwikset service employees.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes on the screen screen by a certificate of confirmation or closure of the account of the E bank;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not good, the sentencing of the instant crime is determined as ordered by comprehensively taking account of various circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, including the fact that the Defendant is the primary offender and the head of his family, and the fact that the mistake is recognized and its depth is reflected, etc.

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