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(영문) 인천지방법원 2020.10.16 2020고단5295
전자금융거래법위반
Text

Defendant shall be punished by a fine of three 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 borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, on February 7, 2020, the defendant extended a loan of KRW 30 million from a person who has not been injured by his name.

In order to obtain a loan, credit rating should be enhanced;

When sending the check card, it is necessary to repeatedly increase the credit rating and to grant a loan.

On the same day, Kwikset service article who sent a name in front of the defendant's office in Yeonsu-gu Incheon District, issued a physical card and a password connected to the C Bank account in the name of the defendant to Kwikset Service article who sent the name in front of the defendant's office in Yeonsu-gu Incheon.

Accordingly, the Defendant promised to pay compensation and lent the means of access to financial institutions.

Summary of Evidence

1. Defendant's legal statement;

1. Each written petition;

1. Each certificate of transfer;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (wholly amended by Act No. 17297, May 19, 202); the selection of fines for criminal facts;

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 of the provisional payment order shows the attitude of recognizing and reflecting the instant crime, and the sentencing guidelines are not applicable since the Defendant, including the primary offender, has selected all kinds of fines as shown in the arguments of this case and the records, such as the age and criminal environment of the Defendant, the motive and consequence of the instant crime, and the circumstances after the crime.

(1) The punishment as ordered shall be determined in comprehensive consideration of each subparagraph.

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