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(영문) 인천지방법원 2019.09.04 2019고단4517
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

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, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, around March 21, 2019, the Defendant received a proposal from a person who was unaware of his name to the effect that “it is possible to obtain a loan with a maximum of KRW 15 million on condition of maximum 5% per annum, and in order to obtain a loan, credit rating shall be enhanced, and if it is sent, it will offer a loan after continuously raising credit for admission and withdrawal.” From the same date to the 22th day of the same month, the Defendant issued a physical card, one and a password connected to the Defendant’s name to Kwikset-dong Administrative Welfare Center’s B account in the name of the Defendant.

Accordingly, the Defendant promised to pay compensation and lent the means of access to financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to data to be submitted;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that the means of access lent by the defendant for the reason of sentencing of the provisional payment order was actually used for the showing, and that the defendant is against his/her own mistake, and that there was no record of criminal punishment, and other favorable sentencing factors such as the defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, and other circumstances constituting the conditions for sentencing as shown in the argument of the instant case, including the circumstances after the crime.

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