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(영문) 인천지방법원 부천지원 2019.11.27 2019고단2661
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 engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, at around 13:00 on March 25, 2019, the Defendant heard that “When sending a physical card, the Defendant would give a loan after inquiring about the credit rating, and would have paid interest on the physical card sent upon the execution of the loan.” On the same day, the Defendant issued one check card connected to the D bank account (Account Number: E) in the name of the Defendant at Kimpo-si, and notified the password of the above physical card by telephone.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement concerning F;

1. Application of the deposit certificate, a warrant for search, seizure, verification, reply, details of entry and withdrawal, and the statutes governing the contents of G text messages;

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, it appears that the defendant had shown the attitude of recognizing and opposing the facts charged, there is no record of punishment for the same crime, and it appears that he did not gain any particular benefit from the crime of this case, and the age, character, character and environment, and motive, means and result of the crime of this case.

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