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(영문) 인천지방법원 부천지원 2019.06.13 2019고단934

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 transfer or acquire any means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.

피고인은 2017. 12. 26. 15:00경 시흥시 B건물 C호에서, 성명불상자로부터 “세금 문제로 그러니, 카드를 빌려주면 하루에 30만원씩 주면서 3일간 씁니다.”라는 제의를 받고, 피고인 명의의 D은행 계좌(계좌번호 E)와 연결된 체크카드 1매를 퀵 서비스를 통하여 성명불상자에게 배송하였다.

Accordingly, the Defendant loaned the means of access upon demanding compensation.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on certificates of deposit transactions, details of deposit and withdrawal transactions, and details of financial 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. The act of lending the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is an act that facilitates various crimes, such as singing, tax evasion, and Internet gambling, and such social harm is serious.

As a result of the instant crime, the instant crime caused the scam damage.

However, in consideration of the fact that the defendant's mistake and reflects, and that it is the first offender who has no record of criminal punishment, the punishment shall be determined as per the order.