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(영문) 인천지방법원 부천지원 2019.03.14 2018고단3456
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 person may borrow or lend a means of access in receiving, demanding or promising any compensation.

Nevertheless, on August 9, 2018, the Defendant: (a) received a proposal from a person who was named as an employee of the liquor company as a member of the early police officer in writing and by telephone, that “B is a company, and an individual account is required to grant money equivalent to 10% of the amount of taxes to be reduced or exempted; (b) to lend a physical card connected to his/her own account; and (c) around August 9, 2018, the Defendant sent Kwikset service employee who sent one physical card connected to his/her name to the DNA bank account (E) in the name of the Defendant before the Seocho-gu, Sincheon-gu, the Defendant’s residence on August 9, 2018.

Accordingly, the Defendant lent the means of access while receiving, demanding or promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of statutes concerning the provision of financial transaction information;

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 tax evasion, Internet gambling, and entertainment, and such social harm is serious.

As a result of the instant crime, the damage was caused by the instant crime, and the damage was not recovered.

However, the defendant reflects his mistake in depth and has no record of other criminal punishment before, and the motive and circumstance of the crime of this case, related amount of damage, etc. shall be determined as ordered by taking into account the following factors.

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