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(영문) 인천지방법원 2018.12.12 2018고단7365

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

Except as otherwise expressly provided for in any other Act, no person shall lend or lend any access medium, or store, deliver or distribute such medium with the knowledge that it will be used for any crime or for any crime.

Nevertheless, the defendant, on July 2018, is a liquor company, which is an alcoholic beverage company, and the defendant is running by lending the check card in order to let alcoholic beverages pay taxes because it is too high.

The Cze Card will be paid KRW 900,000 per day on the face of the week of lending, and KRW 2.7 million for three days.

“To receive the proposal.”

In response to the fact that the Defendant was aware of, or was aware of, the fact that lending of the e-mail card would be used for committing a crime, such as tax evasion and telephone financing fraud, etc., the Defendant sent the e-mail card to the party in the name of the Defendant on July 20, 2018 through Kwikset Service Articles and sent the password to the party in the name of the Defendant on the front day in the Michuhol-gu Incheon at around 16:00. < Amended by Presidential Decree No. 24214, Jul. 20, 2018>

Accordingly, the defendant agreed to receive compensation and lent an access medium to electronic financial transactions while being aware that it will be used for crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of transaction details (No. 5 No. 5 of the evidence list) statutes;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 and 3 (Selection of Penalty) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the lending of electronic financial transaction access media is highly likely to cause secondary damage, such as fraud, by abusing it for crime.

In fact, the access media that the defendant loans is transferred about KRW 13.98 million to the connected account and withdrawal of KRW 10 million among them.