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(영문) 인천지방법원 부천지원 2018.08.17 2018고단1481
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 person shall lend or lend any access medium while receiving, demanding or promising compensation therefor.

On March 18, 2018, the Defendant sent a check card connected to the Defendant’s account in order to obtain personal loans from a person who has no name to the name of the Defendant.

“After having received proposals and accepted them, “Kwikset Service Articles sent out by the winners of the above names in front of 24-ro, Kimpo-ro, 15, Kimpo-ro, Kimpo-ro (Haak, Tae Tae, Tae Tae, Man) around the same day, and sent them to the winners of the above physical cards connected to the post office account (Account Number: B) in the name of the Defendant, and the password of the above physical cards was known to the winners of the name.

As a result, the Defendant promised to receive intangible expected profit from future loans and lent the access media to the name infinites.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The reply letter (the “price” under Article 6(3)(2) of the Electronic Financial Transactions Act includes not only money, goods, or other property gains, but also all tangible and intangible gains sufficient to satisfy human demand and desire, and in a normal manner, includes any intangible and intangible profit to carry out a loan to a person in a state who is not easily able to obtain the loan in a normal manner, also includes the scope of the above consideration).

Application of Statutes

1. Relevant Article of the Act on Criminal facts, Article 49 (4) 2 and 6 of the Act on the elective Financial Transactions, and Article 49 (3) 2 and 6 of the same Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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