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(영문) 인천지방법원 2019.10.07 2019고단4958

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, on February 25, 2019, the Defendant lost a physical card connected to the B Bank Account (C) in the name of the Defendant at an unsound place and then lost the same year.

2. Around 27. Around 27. Around the proposal that “D” was submitted from a person who misrepresented name scaming the name scam card by telephone to “D,” and that if the company’s real estate bond is lent for two days to be received as an individual passbook due to tax issues, the company’s fee should be imposed on the upper line.” In response, the above name scam number and the account number was notified to the above name scamist.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on response to financial transaction information;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Sentencing [Determination of Punishment] General Crime in Violation of the Electronic Financial Transactions Act [Type 1] [No person subject to special punishment] (the scope of recommending area and the scope of recommending punishment] basic area, and April through October of imprisonment;

2. The act of lending the means of electronic financial transactions with a sentence of sentence is highly likely to cause secondary injury, such as fraud, by opening an account linked to another person to abuse it for another crime, and thus has great social harm and injury.

The sum totaling approximately KRW 21,00,000 from February 25, 2019 to February 27, 2019 was remitted to the account linked to the means of access leased by the Defendant, and the said amount was withdrawn at KRW 1,00,000,00, and the remitted money was remitted.