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(영문) 인천지방법원 부천지원 2019.11.28 2019고단2189

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

On September 17, 2018, the Defendant accepted the Defendant’s statement that “If the Defendant is working for a liquor company, and the account is required to receive deposits from other companies, he will use 800,000 won per card for three days, and deposit KRW 2.4 million per day.” On September 17, 2018, on the front side of Kimpo-si B Apartment-si, the Defendant lent two physical cards and passwords, each of which are linked to the Defendant’s spouse C and the No.C. (Account Number D) and the Defendant’s respective accounts (Account Number E), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes on the details of financial transactions in the name of the defendant, written confirmation of the results of electronic financial transfer, provision of financial transaction information;

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.

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 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.