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(영문) 인천지방법원 2019.05.09 2019고단1336
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around August 22, 2018, the Defendant received the word “to pay a total of two million won if he/she lends the e-mail card for three days,” from the person who was unaware of his/her name. On September 28, 2018, the Defendant received a proposal to the same effect by communicating the above e-mailed person on September 28, 2018. On October 1, 2018, the Defendant sent one e-mail card connected to the e-bank account (Account Number:F) in the name of the Defendant using cargo services at the D branch located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, and sent one e-mail card to the person who was unaware of his/her name and notified of the password of the above e-mail card.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Details of account transactions, warrants and correspondence data (account information and details of transactions);

1. Application of H dialogue photographs and the Acts and subordinate statutes governing transport stations;

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

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is necessary to strictly punish the lending of the means of electronic financial transactions with a consideration given for the sentencing of Article 334(1) of the Criminal Procedure Act on the ground that it impairs the stability and reliability of electronic financial transactions and may be misused for other crimes such as singinging, fraud, etc.

Although the Defendant recognized the possibility of being used for illegal purposes, he was paid the means of access and lent the means of access, and the amount of damage from scam was deposited in the account in the name of the Defendant connected thereto.

However, it is against the defendant's wrong.

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