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(영문) 인천지방법원 2019.05.15 2018고단3592
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On February 5, 2018, the Defendant issued a proposal to the effect that “the name card is a liquor company, and is seeking to use the name card for the purpose of tax evasion. If the check card connected to the account is lent, it would be KRW 3 million per head.” On the same day, at around 15:00 on the same day, the Defendant issued the physical card card and one password connected to the new bank account (C) in the name of the Defendant in Jung-gu Incheon Jung-gu, Incheon.

As a result, the Defendant promised the payment to lend the means of access for electronic financial transactions.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on account transactions;

1. The number of means of access that has leased the relevant criminal facts and the relevant legal provisions and Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act with respect to the selection of punishment is limited to one, and the Defendant stated that there is no profits earned from the instant crime.

However, the lending of the means of electronic financial transactions is highly likely to cause secondary damage, such as fraud, by abusing them for crimes.

In fact, the means of access leased by the defendant was used for telephone financial fraud, such as remittance of 3 million won to the connected account and withdrawal of the same amount.

In 208 and 2010, the Defendant was punished by a fine for the same kind of crime, but again committed the instant crime.

As the defendant is missing in the trial process, the trial was proceeded by means of service by public notice.

In full view of the above circumstances, the punishment as ordered shall be determined as above.

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