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(영문) 인천지방법원 2019.03.28 2018고단8886
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 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 May 15, 2018, the Defendant: (a) called on May 15, 2018, the Defendant: (b) called “on the part of the Defendant’s name, to grant a loan to the Defendant, and to withdraw the principal and interest thereof with a physical card; (c) around that time, the Defendant sent the physical card connected to the Defendant’s account (D) in the name of the Defendant in front of the Nam-gu Incheon Metropolitan Government B apartment.

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 E-document;

1. Application of the reply statute

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order does not mean that the nature of the crime is less severe, and it is also necessary to punish the defendant in that the means of access leased by the defendant was used for the fraud crime.

However, the sentencing conditions specified in the argument of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., appear to be the first offender, the defendant's primary offender, and other conditions of sentencing specified in the argument of this case, including the following circumstances after the crime, shall be determined as the sentence as ordered.

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