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(영문) 인천지방법원 2018.12.19 2018고단7718
전자금융거래법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

On July 17, 2018, the Defendant borrowed an account from a person who was in the name of the Defendant on July 17, 2018, with a view to imposing liquor tax of at least 30% and having less income.

“Around July 18, 2018, one bank account (Account Number D) in the name of the Defendant was lent to the one bank account under the name of the Defendant in the case of one bank account in Bupyeong-gu Incheon, Seo-gu, Incheon. However, although the indictment was written as “one copy of the physical card connected to the Kakao Bank Account (Account Number E)”, it was an account with payment, and it was lent to the one bank account (see investigation record 27, 29 pages). A physical card linked to the one bank account was sent to the one bank account and sent to the name in the box, and the above account number and password were sent to the one.

Accordingly, the Defendant promised to receive compensation from a person who is not his name and lent an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Characteric message pictures and information pictures of the account of a single bank;

1. Application of the Acts and subordinate statutes governing search and seizure warrants;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding 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 that the lending of electronic financial transaction access media is highly likely to cause secondary damage, such as fraud, by abusing it for crime.

In fact, the access media leased by the defendant was used for telephone financing fraud by remitting KRW 1,99,00 to the connected account.

However, the number of access media leased by the defendant is limited to one.

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