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(영문) 인천지방법원부천지원 2020.10.14 2020고단974

전자금융거래법위반

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

Nevertheless, on January 15, 2020, the Defendant borrowed 3 million won per account from a person who has no personal knowledge at a place where the place is unknown, and promised to receive 9 million won in lieu of lending 3 accounts to the person who has no personal knowledge via the Kakaox. On the 17th day of the same month, the Defendant sent 3 Kakset Card connected to Kakset-si’s respective bank accounts (each account number: D, E, and F) in the name of the Defendant in the name of the Defendant at Kwikset-si, and lent the means of access by promising Kwikset-si to notify Kakao of each password of 3 million won each of the above Kao cards.

Summary of Evidence

1. Application of the Acts and subordinate statutes governing the transaction details of the Defendant’s legal statement in writing, bank transaction details, and Kakao Stockholm conversations;

1. Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts (amended by Act No. 17297 of May 19, 202) of the same Act

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

The reason for sentencing is that in that the defendant promising the payment to lend the means of access, the nature and the circumstances of the crime are more poor than the case of lending the means of access by loan fraud, etc.

In fact, the account that the defendant lent was used for the Bosing and the victim acquired the money by fraud was generated.

The damage seems not to have been recovered.

However, the defendant.