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(영문) 인천지방법원 2017.05.11 2017고단1772

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

【Criminal Records】 The Defendant was sentenced to imprisonment with prison labor for not less than two years for a period of eight-month suspension and suspension of execution on January 29, 2016 for violating the Act on the Punishment of Acts, such as Arranging Commercial Sex Acts, Etc. (Mediation, etc. of Commercial Sex Acts)

2. 6. The judgment became final and conclusive.

Except as otherwise provided for in other Acts, no person constituting a crime shall borrow or lend any access medium used to secure the authenticity and accuracy of users and transaction details in electronic financial transactions.

Nevertheless, on November 11, 2016, in front of the "C" convenience store in Gyeyang-gu Incheon Metropolitan City, around 19:00, the Defendant would use only one month if he/she borrowed an account to require tax reduction or exemption from his/her name and will offer two million won.

“The proposal received and consented to it, and thereafter lent the physical card linked to the community credit cooperative account (D) in the name of the Defendant to the above person and notify him of the password through Kwikset Service.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s written petition;

1. A written confirmation of transfer transaction;

1. Previous convictions: Application of inquiry-related Acts and subordinate statutes, such as criminal history;

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

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

1. The Defendant’s crime of sentencing under Article 334(1) of the Criminal Procedure Act is not only an obstacle to the credibility of the safety performance of electronic financial transactions by itself, but also a soil where the singing or singinging crime continues to take place in society.

The fact that the access media that the defendant lent to the criminal organization was actually used for the crime, and the damage has not been recovered is considered to be disadvantageous.

However, the character and conduct, the environment, the details of transfer of access media, the amount of damage, etc. of the defendant.