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(영문) 인천지방법원 2019.06.12 2019고단2465
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

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, around March 12, 2019, the Defendant: (a) received the word “on the front of Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) the Defendant sent a e-mail card to enable the payment of interest; and (c) issued a e-mail card connected to the Cbank D account in the name of the Defendant through a e-mailman.g. on the same day.

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. Application of the Acts and subordinate statutes governing the petition and statement, remittance receipt, or request for financial information;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act, which the Defendant lent, is highly likely to use the means of access as a means of other crimes, such as singing, etc., and is actually used for singing. Meanwhile, the Defendant is against the instant crime, and there is no record of criminal punishment other than the fine imposed three times due to this type of crime; the number of means of access leased by the Defendant; the Defendant’s age, character and conduct, environment; the motive and background of the instant crime; the means and method of the instant crime; and the circumstances after the crime, etc., shall be determined by comprehensively taking into account the following factors:

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