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(영문) 인천지방법원 부천지원 2018.08.31 2018고단1701

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall lend or lend any access medium while receiving, demanding or promising compensation.

Nevertheless, on January 4, 2018, the Defendant would loan KRW 8 million with a letter and telephone from a person who is not named as a Kakao Bank B at around 11:04.

It is necessary to link the loan with the securities account in order to deposit the loan, and the deposit and withdrawal record shall be kept as if there is no transaction record.

When sending a check card connected to the account, it is intended to make a loan by creating a record of the linkage and transaction between the securities account.

“Along on 15:00 on the same day, the post office located in the Northern-dong Seoul Southern-dong, Seoul, sent the physical card connected to the Defendant’s new bank account (C) to “Seoul Dongdaemun-gu,” which is the address designated by the person in whose name the card was not registered.

As a result, the Defendant promised to receive intangible expected profit from future loans and lent the access media to the name infinites.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to suspect A, such as a detailed statement of transactions;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. The act of lending a medium of access to the reasons for sentencing under Article 62(1) of the Criminal Act (defensive to the reasons for sentencing) is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and the crime’s liability is not weak due to serious social harm.

However, the defendant reflects his mistake in depth and is the first offender who has no record of criminal punishment before, and the motive and circumstance of the crime of this case, the amount of relevant damage, and the amount of leased access media.