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(영문) 인천지방법원 2019.10.24 2019고단4899
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

No one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation for the use and management of the means of access.

On April 18, 2019, the Defendant promised that “a low interest loan can be made, the account number and password to repay the interest and principal of the loan shall be notified, and the loan will be carried out at the time of sending the physical card” from the person who misrepresented B, and around April 22, 2019, the Defendant lent the physical card to Kwikset-based service article with which the name of the Defendant cannot be identified, which is linked to the bank account (Account Number F) in the front of the Jung-gu Incheon Jung-gu C apartment Ddong parking lot.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes on the collection of photographs, certificates of confirmation of transfer of mobile phone, and consolidated data on account of the accused;

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

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

1. Videos that are disadvantageous to sentencing under Article 62(1) of the Criminal Act: The means of access leased by the Defendant was used for the commission of the singinging fraud, thereby causing damage equivalent to KRW 11.8 million.

The favorable circumstances: The confession of the crime and the mistake are divided.

Defendant

The crime of this case was committed in the course of receiving loans to raise living expenses by paying a considerable amount of money due to a decrease in the blood market for children.

There are no criminal records other than those sentenced to a fine of KRW 500,000 due to fraud, etc. in 196.

In addition, all kinds of sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, conduct and environment, shall be determined as above.

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