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(영문) 인천지방법원 2016.10.13 2016고단5326

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall issue a transaction request in electronic financial transactions while demanding, demanding or promising the payment therefor, or lend a means of access, such as an electronic card used to secure the authenticity and accuracy of users and the details of transactions, and information equivalent thereto.

At around 16:40 on May 2, 2016, the Defendant: (a) received a proposal from a person who is a mobile phone from a person who is B to a mobile phone, stating, “I wish to pay for KRW 300,000 won per account if I lend a passbook necessary for the reduction or exemption of alcoholic beverages for three days; and (b) leased the means of access by sending the check to B via Kwikset Service, which is linked with the water cooperation account (D) in the name of the Defendant from the building of Nam-gu in Incheon, Adong-gu, and Korea Bank Account (E).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol of statement to F;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Supreme Court Decision 2009Do1530 Decided March 25, 2010 (one crime is established for each means of access respectively. However, the act of transferring multiple means of access at once constitutes a case where several crimes of electronic financial transactions are committed by a single act and each crime is deemed to be in a mutually competitive relationship.) Articles 40 and 50 of the Criminal Act are interpreted to be in a mutually competitive relationship.

1. Selection of an alternative fine for punishment;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the means of access leased by the defendant was actually used for the scaming crime, the fact that the means of access was subject to criminal punishment over about 14 times is against the disadvantage, the fact that there is no benefit from actual acquisition, the fact that there is no benefit from actual acquisition, and the fact that it appears to have been endeavored to prevent the expansion of damage after the crime, considering favorable circumstances, and the age, character, character, environment of the defendant