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(영문) 인천지방법원 부천지원 2020.04.07 2019고단3902
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 the means of access, no person shall knowingly engage in any act of lending or delivering the means of access while demanding or promising to receive compensation for any crime.

Nevertheless, on May 8, 2019, the Defendant received a proposal that “B Company C is the agent of B Company C, if you send a e-mail card for interest payment,” from the person under whose name the online loan advertisement was reported and contacted, and accepted the proposal, and then sent the e-mail card and password connected to the D Bank Account (Account Number:Account Number: E) in the name of the Defendant through Kwikset Service Articles.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The document of F;

1. A statement of withdrawal from deposits, G), and a certificate of deposit (F);

1. Certificates of deposit transactions;

1. Application of Acts and subordinate statutes to report internal investigation (application for a search and seizure warrant, for account holder H, for internal investigation to I, for request for provision of communications data, for meeting of communications data);

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

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

1. The instant crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act was committed by leasing the means of access for electronic financial transactions in return for consideration. As such, not only did it impair the trust and safety of financial transactions, but also did the leased means of access cause risks to be used for various criminal acts, such as singing, and in fact, the Defendant’s account was used for singing crimes.

In addition, the defendant transferred a e-mail card for loan 2018 and thereby was investigated as a violation of the Electronic Financial Transactions Act, but the intent of the means of access can be recognized.

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