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(영문) 인천지방법원 2019.07.25 2019고단3005
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall lend the means of access or lend the means of access knowing that they are to be used in any crime, in receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, around December 5, 2018, the Defendant loaned KRW 30,000 to the C Office located in Dong-gu Incheon Metropolitan City, Dong-gu B.

In order to obtain a loan, a statement of account withdrawal must be made;

It shall return the OTP card, authorized certificate, and password connected to the account after making a transaction record on the face of the bank.

In response to the proposal of the person who was named in the name of the deceased, Kwikset service article sent by the person who was named in the name of the defendant, the account number of the DNA bank account (Account Number: E), the OTP card connected to the above account, the authorized certificate, and the password were lent to the person who was named in the name of the deceased.

As a result, the Defendant promised to receive a loan, and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of the Acts and subordinate statutes to data to a written confirmation of transfer transactions, the contents of dialogue, account settlement, account deposit and withdrawal transactions, the details of the G modernization, and the closure of the details thereof;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The personal card leased by the Defendant was used for physical camping crime, thereby causing damage equivalent to KRW 4.87 million.

The favorable circumstances: Recognizing the crime, it is against the law.

There is no previous criminal record other than that sentenced to a fine of three million won for fraud in 2003.

The number of means of access leased is only one.

The defendant has no profit from the crime of this case.

Defendant. Other defendant.

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