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(영문) 인천지방법원 2019.03.28 2018고단8452

전자금융거래법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

No person shall, in making a transaction request in electronic financial transactions or using and managing the means of access used to secure the authenticity and accuracy of users and the details of such transaction, borrow or lend the means of access while promising any compensation therefor.

On June 9, 2018, the Defendant: (a) heard from a deceased soldier’s name in the name of the first police officer that “I want to offer KRW 600,000,000 per day to a post office (D) account under the name of the Defendant, if the account necessary for tax evasion is leased for three days; and (b) lent the physical card, which is the means of access to the post office (D) account under the name of the Defendant, at the C&T office located in Seocheon-si B on June 9, 2018.

As a result, the Defendant promised to make a transaction request in electronic financial transactions or lent a means of access used to secure the authenticity and accuracy of users and transaction details.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the Acts and subordinate statutes on transport copies;

1. Relevant provisions of Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts; selection of fines (i.e., confessions; primary offenders; and (ii) the amount of damage caused by singing using the Defendant’s account in the name of the Defendant);

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.