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(영문) 인천지방법원 2019.01.23 2018고단8368

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

No person shall borrow or lend a means of access in receiving, demanding or promising any compensation.

Nevertheless, the Defendant received a proposal that he/she gave 2,40,000 won to his/her name in return for lending the check from his/her name in return, and promised to lend the check card under the name of the Defendant to his/her name. On April 17, 2018, the Defendant lent the means of access by sending one check card connected to the passbook (D) in the name of the Defendant from his/her name-free company B in the name of the Defendant in the name of his/her name-free company B.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing the extension of financial statements;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Sentencing the sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is highly likely to cause secondary damage, such as fraud, by abusing the means of electronic financial transactions to crime.

In fact, the means of access leased by the Defendant was used for telephone financial fraud such as remitting approximately KRW 3.5 million to the connected account and withdrawing it.

However, it is difficult to say that the number of means of access leased by the accused is limited to one, and that the means of access is used for fraud, etc.

There is no profit earned by the defendant from the crime of this case, and the defendant is the first offender.

In full view of the above circumstances, the punishment as ordered shall be determined as above.