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(영문) 인천지방법원 부천지원 2019.05.15 2019고단580

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, at around 11:00 on December 26, 2018, the Defendant: (a) contacted with the word “Twikseter,” “five million won per three days,” sent the physical card under one’s name and received the rent of five million won; and (b) around 11:00 on December 27, 2018, the Guro-gu Seoul Metropolitan Government Office 16th C, in which one copy of the physical card, which is a means of access connected to the Defendant’s name, was sent to Kwikset service engineer, and delivered the password of the means of access to F.

As a result, the Defendant promised to pay compensation and lent each means of access to a person who has not suffered from the name.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Details of transactions;

1. Application of the Acts and subordinate statutes to photographs of text messages;

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. On the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, the act of transferring the means of access, such as the instant crime, is an act that facilitates various crimes, such as tax evasion, Internet gambling, and voiceing, and such social harm is serious.

The crime of this case led to the occurrence of Bosing damage, and the damage was not compensated.

However, it is against the fact that the defendant does not repeat again by recognizing his mistake, and that it seems that he did not gain any particular benefit from the crime of this case, and other circumstances after the crime of this case, such as the defendant's age, character and conduct, the environment, and the motive, means and result of the crime of this case.