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(영문) 인천지방법원 부천지원 2019.10.30 2019고단1920
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

No person shall lend a means of access in return for payment.

Nevertheless, on February 2019, the Defendant issued Kwikset G account and check card connected to the FF Association G account in the name of the Defendant’s name, and the passbook and check card connected to the HF association I account in the name of the Defendant, respectively, to the victim, on February 20, 2019, at the end of February 20, 2019, the Defendant received a proposal and received a credit rating from an Buddhist person who referred to as B Staff C, who repeatedly accumulated the transaction performance by accumulating the physical card, and then reduced the loan at the end of February, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to J and K;

1. Investigative reports (to be accompanied by data submitted in e-mail) and accompanying data;

1. Details of transfer, deposit certificates, personal financial transactions (including withdrawals), list of dialogues, membership and application for deposit transactions, account transaction details, statement of account transaction, statement of account transaction, statement of account automatic receipt, statement of transaction by member transaction account, statement of transaction, inquiry of transaction details by member transaction account, statement of transaction details, H association transaction application, and F transaction statement

1. Application of the Acts and subordinate statutes on the contents of each conversation and the details of conversation;

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. On the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, lending of the means of access, such as the instant crime, is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and such social harm is serious.

The crime of this case led to the occurrence of Bosing damage, and the damage was not compensated.

However, the defendant seems to have shown the attitude of recognizing and opposing the facts charged.

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