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(영문) 인천지방법원 2019.01.23 2017고단5658

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall lend a means of access, while promising any consideration, in using and managing a means of access, such as an account number, cash card, and its password, which is a means or information used to make a transaction request in electronic financial transactions or to secure the accuracy of any statement made by users and the transaction details.

On March 29, 2017, the Defendant sought a personal passbook for the purpose of returning a game because of its name, and asked to pay KRW 100,000 per day and lease it for six months if the passbook is leased. On the same day, at around 16:00, two physical cards connected to the post office account (E, F) in the name of the Defendant in the Nam-gu Incheon Metropolitan City, Nam-gu C and D, and then sent kwikkset through Kwikset service, and added a password.

Summary of Evidence

1. The written statement of the defendant;

1. Investigation report (related to post office account E loaned by a suspect A);

1. Application of Acts and subordinate statutes concerning transaction details in the A post office account;

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. Sentencing the sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is highly likely to cause secondary damage, such as fraud, by abusing the means of electronic financial transactions to crime.

In fact, each means of access that the defendant loans was connected to telephone financial fraud.

However, the number of means of access leased by the accused is limited to two, and there is no data to verify the profits earned by the accused from the crime in this case.

The defendant has no criminal record of the same kind of imprisonment or heavier punishment.

Some damage is likely to be recovered because part of the money deposited in the account with telephone financial fraud is not withdrawn by suspension of payment.

. The above.