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(영문) 인천지방법원 부천지원 2019.08.06 2019고단1495

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

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

On October 16, 2018, when sending bank accounts, e-mail cards, etc. from a person who assumes a false name account from a person who assumes a false name account, the Defendant heard that he/she would have a loan of 5 million won by accumulating the financial transaction performance, and sent the nameless recipient to the bank account (B) of the Defendant’s name, the Defendant transferred one check connected to the bank account in the name of the Defendant to the person who was not the name of the above, and notified the person who was not the name of the above account by telephone of the password number.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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;