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(영문) 인천지방법원 2019.07.19 2019고단3994
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 may lend a means of access in exchange for the receipt, request or promise of compensation in using and managing the means of access.

Nevertheless, around April 18, 2019, the Defendant received a proposal that “Celective Ship” located in Michuhol-gu Incheon Metropolitan City, and that “D company E is required to receive money due to tax issues,” from the person under whose name the Defendant misrepresented “D company E.” In response, the Defendant sent a physical card connected with the Defendant’s name bank account (Account Number G) to the above-mentioned person by way of 2.5 million to 2.5 million to 2.8 million to 2.5 million to 2.5 million to 2.5 million to 2.8 million to 2.5 million to 2.8 million to 2.5 million won to 2.”

Accordingly, the Defendant promised to receive compensation and lent the means of access to others.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. A statement of transfer, information on Defendant’s account, and details;

1. Characters, details and the application of Acts and subordinate statutes;

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 sentencing reasons of Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) does not mean that the means of access leased by the defendant is actually used for other crimes, and the liability for such crime is less severe. However, the fact that the defendant recognized the instant crime, the fact that there is no actual acquisition cost, and the fact that there is no criminal record exceeding the fine, etc. are considered as favorable to the defendant. In addition, the punishment is determined as ordered by taking into account the defendant’s age, character and behavior, environment

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