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(영문) 인천지방법원 2018.07.27 2018고단3803
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

No one shall lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, the Defendant, at around 15:00 on January 9, 2018, borrowed an account to be used for the purpose of avoiding taxes of liquor companies from the name in the Namdong-gu Incheon Metropolitan City B and 2, and paid in 200,000 won by one month usage fee per one, if he/she lends the account to be used for the purpose of avoiding taxes of liquor companies.

“Along with the commitment of Defendant D, the criminal facts were corrected in accordance with the intent of the indictment to the extent that the Defendant’s defense right is not infringed on in light of the record of rental evidence through Kwikset’s service, such as the physical card and password connected to the account (Account Number E) of Defendant D, to the extent that it does not infringe on the Defendant’s defense.

was made.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. A report on the occurrence of a plant (phishing);

1. Details of service use, search, seizure, verification warrant, response materials, inquiry about transaction details, and application of statutes on telephone calls;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the provisional payment order is a lending of an access medium with a promise to pay. Such a crime may not only disrupt the reliability and safety of electronic financial transactions, but also be abused as a means of crime using an access medium. Therefore, there is a need for punishment.

The Defendant’s access media seems to have been used in the phishing fraud crime and actually suffered damage.

The defendant also stated to the effect that he was aware of the illegality of the access media lending in police investigations.

However, the Defendant stated in this court to the effect that he is aware of and against a crime, and suffered from fraud.

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