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(영문) 인천지방법원 2019.09.05 2019고단5104
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On June 11, 2019, the Defendant received text messages that he would give a loan from a person who is not the deceased's name, and contacted B in contact with B, and received a proposal that "it is possible to give a loan on a monthly basis with 3% repayment condition: Provided, That because it is not a normal loan, it is possible to send a check to receive a repayment of principal and interest," and then accepted it, around the 12th day of the same month, he lent one check card connected to the Incheon Gyeyang-gu building and the Defendant's home in the name of the Defendant through Kwikset Service Officer.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person who has no name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes concerning receipts, E bank correspondence data, and dialogue content B;

1. Relevant legal provisions concerning facts constituting an offense, Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment, and the selection of fines (i.e., the fact that a mistake is repented while white, and the initial fact is considered);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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