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(영문) 인천지방법원 2018.11.07 2018고단7076

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 any access medium or distribute it to keep, deliver or distribute it while demanding, demanding or promising the compensation in using or managing the access medium.

Nevertheless, on June 2018, the Defendant received a call from a deceased person on the name of the first police officer on the purport that “I will pay KRW 200,000 per day if I lend the accounts to be used for the purpose of tax reduction or exemption for three days,” and agreed to receive money from the deceased person. Around that time, the Defendant sent a physical check card connected with the Defendant’s name in the vicinity of the Southern-dong Fire Station located in the Southern-dong Fire Station in Incheon Nam-gu, Incheon, to the name of the deceased person using Kwikset Service.

As a result, the Defendant promised to give instructions in electronic financial transactions or to offer access media used to ensure the authenticity and accuracy of the contents of transactions with users and users.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to data on response to financial transactions (hereinafter referred to as "information");

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the lending of electronic financial transaction access media is highly likely to cause secondary damage, such as fraud, by abusing it for crime.

In fact, the account linked to the access media lent by the defendant was used for the telephone financing fraud.

However, the Defendant lent one approaching medium, and the Defendant did not yield profits from the instant crime.

The defendant does not have the same criminal records.

In full view of the above circumstances, the fine shall be selected and the sentence shall be determined as ordered.