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(영문) 인천지방법원 부천지원 2019.05.02 2019고정68

전자금융거래법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

At around 11:00 on November 1, 2018, the Defendant: (a) received a proposal from a person without a name, stating that “The Defendant would give KRW 2 million at a rent of 10 days per each account for the lease of the account; and (b) accepted the proposal; and (c) sent two check cards connected to the account in the name of the Defendant to Kwikset service articles who sent the name-free winners to B B on the roads before Seocheon-si, Seocheon-si, B on November 15, 2018.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Documents and written statements of G;

1. Report on internal investigation (personal information on the passbook titleholder);

1. Application of Acts and subordinate statutes to inquire into the details of electronic banking transfer, reply to requests for financial transaction information, and the details of deposits in and withdrawal from the E bank account;

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 occurrence of scam damage, not recovery of damage, and the Defendant lent the means of access to easily obtain profits.

However, in full view of the fact that the defendant reflects his mistake in depth, and that there is no past criminal record of other criminal punishment, cooperation in the trial procedure, etc., the amount of fines under the summary order is deemed to be appropriate, and the punishment shall be determined as per the order.