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(영문) 인천지방법원 2019.11.29 2019고단6108

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

No person may, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, at around 13:30 on May 1, 2019, the Defendant accepted the proposal that “on the front day of the Jung-gu Incheon Metropolitan City B apartment route, the Defendant would give KRW 1.150,000,000, if he borrowed the e-mail card for two weeks,” and then, accepted the proposal that “on the front day of the e-mail card, 1.1,50,000,000,000 won, which is linked to the e-mail account (D) in the name of the Defendant.”

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, H, I, J, K, L, M, N, andO;

1. Details of each account transaction and data on the C Bank transaction;

1. Application of Acts and subordinate statutes on new financial data;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to be decided by taking into account that the defendant was the first offender. However, the defendant's age and criminal behavior environment, motive means of crime, results of crime, circumstances after crime, etc., and all the sentencing conditions stated in the arguments and records of this case shall be determined as ordered by taking into comprehensive account the following factors