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(영문) 인천지방법원 부천지원 2019.02.28 2018고단3310
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 lend a means of access while receiving, demanding or promising any consideration in using or managing the means of access to electronic financial transactions.

Nevertheless, around April 10, 2018, the Defendant sent a physical card connected to the H bank account in the name of the Defendant to the “Seoul Gwangjin-gu F officer G,” designated by the said person in the name of the Defendant at the E office located in Seocheon-si, 14:20 on April 10, 2018, after receiving a letter and document stating that “The personal account is leased in order to save taxes. When used for three days, the Defendant would pay 2 million won per each fee.” On April 16, 2018, the Defendant contacted the above person in the name of the deceased and consented to the proposal. On April 10, 2018, the Defendant lent the means of access to electronic financial transactions by sending the physical card connected to the said person in the name of the Defendant to the “Seoul-gu F officer G,” and promising the person in the name of the deceased to receive the price by sending the password of the said account through the phone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes concerning the details of transactions of ordinary deposits, financial transaction information, door-to-door receipt, certificate of transaction confirmation, text message, and the K dialogue;

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. 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.

The Defendant committed the crime of this case, seeking profits.

Since the suspension of transactions was often made, the money was not withdrawn, so it was possible to recover the damage.

The defendant reflects his mistake in depth, and is an initial offender who has no record of other criminal punishment before, and this case.

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