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(영문) 인천지방법원 부천지원 2019.06.20 2019고단854

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 shall lend the means of access used in an electronic financial transaction in receiving, demanding or promising any consideration.

Nevertheless, around December 10, 2018, the Defendant: (a) received the call from the person under whose name the head of the “B” company was misrepresented, “We will pay 600,000 won per account as rent if you lend the e-mail card under the name of the party because it is necessary to save taxes; and (b) accepted the call; (c) around December 11, 2018, the Defendant sent one e-mail card connected with the Defendant’s name bank account (F) at the location of the DD building located in Seocheon-si, Gyeonggi-do; and (d) notified the above person of the password of the above account using G.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H; 1. The investigation report (Attachment to the G Messen dialogue data, etc.);

1. Application of statutes governing the results of electronic financial transfer and written consent to the provision of financial transaction information;

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 act of lending the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is an act that facilitates various crimes, such as tax evasion, Internet gambling, and entertainment, and such social harm is serious.

As a result of the instant crime, the damage was caused by the instant crime, and the damage was not recovered.

However, the defendant reflects his mistake in depth and has no record of punishment for the same kind of power, and the motive and circumstance of the crime of this case, related amount of damage, etc. shall be determined as ordered by considering the whole.