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(영문) 인천지방법원 부천지원 2019.01.24 2018고단2608

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 one shall lend any means of electronic financial transactions to any third person upon receiving or promising to receive such consideration.

At around 11:00 on April 16, 2018, the Defendant: (a) received the proposal, “If the Defendant lends the passbook and debit card, he would make it possible to obtain a loan of KRW 61,00,000,000 after raising credit by creating transaction performance; and (b) accepted it; (c) on the same day, the Defendant sent one debit card connected to the passbook (E) and the F Bank (G) under the name of the Defendant at the front of Kimpo-si, Kimpo-si, Kimpo-si, and notified the password B.

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

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Application of Acts and subordinate statutes on the transfer certificate, customer information, details of entry and departure transactions, customer information inquiry table, and details of transactions of entry and departure;

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 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.

In the instant crime, a large amount of damage was incurred due to the instant crime, and the amount of damage was not partially withdrawn, but the amount of damage was also a large amount of damage not recovered.

However, the defendant reflects his mistake in depth and has no record of the same kind, and the motive and circumstance of the crime of this case, the amount of related damage, etc. shall be determined as the order.