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(영문) 인천지방법원 부천지원 2019.05.28 2018고단3652
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

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.

On November 19, 2018, the Defendant accepted the proposal that “if you send a e-mail card, if you send it, you will increase the transaction performance and order a loan,” and then received the proposal that “if you send the e-mail card, you will get a loan by raising the transaction performance” from a person who misrepresented the employees of the e-mail in front of Seocheon-si, Gyeonggi-do, and then sent a e-mail card connected to the d bank account (E) in the name of the Defendant to the box, and then sent the e-mail card to the above e-mail via Kwikset service. The Defendant notified the above e-mail of the e-mail card to the above e-mail.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on copies of passbooks and details of entry and departure transactions;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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