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(영문) 인천지방법원 2018.10.04 2018고단6077
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend an access medium while demanding, demanding or promising the consideration in using and managing the access medium.

On June 5, 2018, the Defendant sought a borrowed account from a person who is not in the name of the Defendant in light of the name of 10:15 on June 5, 2018.

“On the receipt of the word “,” and the same month after the receipt of the word “assigning the name Buddhist person into Kakaox and consenting to the proposal.”

7. Around 14:43, at around 14:43, a new bank account (Account Number: C), a credit union account (Account Number: D), and a single bank account (Account Number: E) connected to each of the Defendant in Jung-gu Incheon International Airport Free Trade Zone B located in Jung-gu Incheon, Jung-gu, Incheon. The bank account was opened on behalf of the deceased in three copies of the physical card.

Accordingly, the defendant lent access media to the defendant in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Written confirmation of the results of electronic financial transfer (F);

1. Answer to an account warrant (A);

1. Application of A-related Acts and subordinate statutes (e.g., text messages and Kakao Stockholms);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is to lend a medium of access to electronic financial transactions with the promise of consideration for the sentencing of Article 334(1) of the Criminal Procedure Act is that it would undermine the stability and reliability of the electronic financial transaction and may be abused for other crimes such as singinginging fraud, etc. Therefore, the Defendant was clearly aware that the lending of access media was prohibited, and the possibility of its access media to be used for other illegal purposes could have been predicted in light of the content of the proposal.

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