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(영문) 인천지방법원 2018.04.25 2018고단875
전자금융거래법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 2017, the Defendant would make it possible for the Defendant to receive a loan through work when it created a corporate business operator and sent a bank account under the name of the corporation.

Although having known the fact that the loan was made by an abnormal and illegal method, it was not entirely confirmed the personal information of the person in whose name the loan was made, the place of work, the institution granting the loan, and the employee belonging to the institution granting the loan, etc., and the authenticity of the loan promise was not confirmed, and there was no confirmation as to the authenticity of the loan promise. In addition, if the loan was not returned as well as the market or place, method, and the method to return the passbook sent by the defendant, it was not determined at all (not only for sending the passbook, etc. to a specific address but also for Kwikkset service, and thus the address of the recipient, the location of the office, etc. was not confirmed). Therefore, even if sending the passbook, etc. to the person in whose name the passbook, etc. was sent, it was sufficiently aware that it would not use the above access media for an unlawful purpose and return it to the person in whose name the passbook was sent.

Nevertheless, on August 31, 2017, the Defendant opened a post office account (C) in the name of “B Co., Ltd.” at the office in Guro-gu Seoul Metropolitan Government, Guro-gu, Seoul, and transferred the passbook, OPT card, security card, and physical card connected to the above account through Kwikset service.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints and statements of D;

1. Application of transaction specifications table, Kakao Stockholm message, application for subscription, business registration certificate, and Acts and subordinate statutes regarding financial transaction details;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order.

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