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(영문) 인천지방법원 2020.01.17 2019고정2316
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

Except as otherwise provided for in other Acts, no means of access used to issue a transaction request or to secure the authenticity and accuracy of users and transaction details shall be allowed to borrow or lend a means of access, or to keep, deliver or distribute a means of access while receiving, demanding or promising any compensation.

On May 10, 2019, at around 12:00, the Defendant misrepresented a savings bank at a post office located in the Chungcheongnam-gu Audio B, and leased the means of access by means of sending an electronic e-mail card and account password that is linked with the bank account (B) in his/her name to a person who is unaware of the name.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing a statement of victims and a remittance of money;

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, shows an attitude against the Defendant, recognizing the instant crime.

It seems that there is no economic benefit acquired from the crime of this case.

There is no record that the defendant has been punished for the same crime.

On the other hand, it is necessary to strictly punish the lending of the means of electronic financial transactions as it can be abused for other crimes as well as the security and reliability of electronic financial transactions.

The means of access lent by the defendant was actually used for the crime of Bosing, causing damage, and not recovered from damage.

The above circumstances are shown in the records and arguments of this case, such as the age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime.

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