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(영문) 인천지방법원 2019.05.31 2019고단467

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

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 August 22, 2018, the Defendant: (a) heard that “B Company C (tentative name)” from a person who was named as “B Company C (tentative name)”, “I would pay 4.8 million won per day on the face of lending two heads of physical cards for the purpose of reduction and exemption of alcoholic beverages for three days; and (b) around October 16, 2018, the Defendant lent the physical card, which is the means of access to the Defendant’s name bank account (G) and H Association account (I), by using selective distribution services, respectively. < Amended by Act No. 15008, Oct. 16, 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. Statement to J police officers;

1. Application of Acts and subordinate statutes to a written confirmation of details of financial transaction transfer, F bank replies-A personal information, trade unions-A trade statement, and H Association trade statement;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the means of access lent by the defendant is actually used for other crimes, and the liability for the crime is not less severe. However, the fact that the defendant recognized each of the crimes in this case, the fact that the defendant seems to have no actual acquisition cost, and the first offender are considered as favorable to the defendant. In addition, the defendant's age, character and behavior, environment, and circumstances before and after the crime are taken into consideration.