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(영문) 인천지방법원 부천지원 2019.05.24 2019고단601
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 may lend a means of access, promising any compensation.

Nevertheless, on September 10, 2018, the Defendant accepted a proposal that “When sending a physical card, the Defendant would have extended the credit rating of 10 million won by raising the credit rating through transaction performance.” On September 12, 2018, the Defendant issued a physical card connected with the Defendant’s name bank account (D) through Kwikset Service Articles at the Busan B building and the Defendant’s residence, around September 12, 2018.

As a result, the Defendant promised to pay for the intangible expected interest of future loans and lent the means of access to the accused.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A statement of transaction [In full view of the above evidence, it is recognized that the defendant lent a physical card, the means of access, and as long as the defendant lent a means of access for his/her own interest for the purpose of obtaining a loan, the criminal intent of violating the Electronic Financial Transactions Act is also recognized

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 act of lending the means of access with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is an act that facilitates various crimes, such as tax evasion, Internet gambling, and entertainment, and the nature of such crime is not good. Considering the fact that the victim was actually used for other crimes, the Defendant’s liability for the crime is not less light.

However, there are many cases in the trial of this case, such as the defendant is against himself, the motive and circumstance of the crime of this case, the number of transferred means of access, the amount of relevant damage, the circumstances after the crime, the age, character, conduct, family relationship, economic circumstances, etc.

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