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(영문) 인천지방법원 2017.12.21 2017고단6562

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall lend any access medium used for electronic financial transactions unless otherwise specifically provided for in any other Act in using and managing access medium.

On June 5, 2017, the Defendant issued a new bank account (C) in the name of the Defendant to a person who is not aware of his/her name, and lent a accessible medium with the password notified. On June 5, 2017, the Defendant received a proposal from the North Incheon post office in front of the Bupyeong-gu Incheon Bupyeong-gu, Incheon, that he/she would provide the e-mail card to a person who is not aware of his/her name.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Written confirmation of the results of transfer, detailed statement of transactions, and application for subscription statutes;

1. Relevant legal provisions concerning criminal facts, Articles 49(4)2 and 6(3)2 of the Act on Electronic Financial Transactions through which punishment is chosen, and the choice of a fine (it is not appropriate to commit a crime because an access medium leased by the Defendant was actually used for the criminal act of Bosing, but is recovered from the amount of damage, absence of any particular criminal record, and reflection of his/her mistake, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;