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(영문) 인천지방법원 2019.09.05 2019고단4300

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

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise provided for in other Acts.

Nevertheless, around February 26, 2019, the Defendant received a proposal from the non-name holder to “if he send a e-mail card due to lack of credit rating, he would increase credit rating by accumulating transaction performance, and then delivered the e-mail card1, password, etc. connected to the new bank account (D) under the name of the Defendant, using Kwikset Service.”

Accordingly, the defendant would receive compensation and lent the physical card and password, a means of access to electronic financial transactions, to another person.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Certificate of remittance;

1. Application of Acts and subordinate statutes on details of financial transactions;

1. Relevant legal provisions concerning criminal facts, Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment, and the selection of fines (i.e., the fact that any mistake is committed while white and any mistake is pened, and only one time of a previous conviction of a fine);

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

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