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(영문) 인천지방법원 2018.11.09 2018고단6555
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium or distribute it to keep, deliver or distribute it while demanding, demanding or promising the compensation in using or managing the access medium.

Nevertheless, on April 19, 2018, the Defendant would provide 3.5 million won in return for the loan of the account for tax evasion from a person who is in a name and in an unsound name for three days.

On the same day, Kwikset used Kwikset’s service to lend a check card to a nameless person and to receive money. On the same day, Kwikset used Kwikset’s service to provide a nameless person with a check card connected to the Defendant’s Saemaul Treasury Account (D) prior to “C” in Seo-gu Incheon.

As a result, the Defendant promised to give instructions in electronic financial transactions or to offer access media used to ensure the authenticity and accuracy of the contents of transactions with users and users.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the detailed statement of transactions of deposits and withdrawal, written application for deposit transactions (A), and details of transactions by account;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the provisional payment order is a lending of an access medium with a promise to pay. Such a crime may not only disrupt the reliability and safety of electronic financial transactions, but also be abused as a means of crime using an access medium. Therefore, there is a need for punishment.

The access media that the Defendant lent seems to have been used in the phishing fraud crime, which actually tried to lend the loan, and considerable damage is likely to occur.

The defendant, in the police investigation, is punished if he/she lends a check card, etc. connected to the bank account to another person.

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