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(영문) 인천지방법원 2019.05.22 2018고단3359

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 promise to lend the means of access to any electronic financial transaction for consideration.

Nevertheless, the Defendant, on March 14, 2018, received a proposal from a person who was not the deceased on his name and consented to the lending of 300,000 won per month, and then, on around 19:30 of the same month, the account number of the Defendant’s corporate bank account (D) and the E Bank account (F) bill of indictment appears to be the clerical error of “F”.

Kwikset service article transferred the physical card connected to the Kwikset to the above-mentioned person.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement of H;

1. Application of Acts and subordinate statutes, such as a report on investigation (a non-prosecution decision, etc.) and a written opinion (Article 2018-type 14832 in the Dong Office of the District Administration);

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. Sentencing the sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is highly likely to cause secondary damage, such as fraud, by abusing the means of electronic financial transactions to crime.

In fact, the means of access leased by the defendant was used for telephone financial fraud by depositing approximately KRW 6.85 million into each connected account.

However, the number of means of access leased by the accused is limited to two, and there is no profit earned by the accused from the crime of this case, and there is no criminal record in the same way as the accused was committed

In full view of the above circumstances, the punishment as ordered shall be determined as above.