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(영문) 인천지방법원 2019.06.20 2019고단2094
전자금융거래법위반
Text

Defendant shall be punished by a fine of 3.5 million won.

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around January 14, 2019, the Defendant offered a proposal to the effect that “C” located in the Incheon Strengthening Group B would lend one physical card from a person without his/her name to KRW 800,000 per day, and that “if the Defendant lends three days, he/she would offer KRW 2,400,000 per day,” and agreed to provide two physical cards, including one physical card connected to the Defendant’s name bank account (F) and the G Bank account (H) by way of delivering the two physical cards, including one physical card connected to the Defendant’s wife’s name, to the JJ located in the Suwon Line I in accordance with the direction of the person without his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. The K's statement;

1. Application of Acts and subordinate statutes to account information and investigation report (report on the submission of DNA evidence);

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The act of lending the means of access for electronic financial transactions is serious as an act that facilitates a crime, such as fraud and tax evasion.

In fact, the means of access leased by the accused were used for the crime of Bophishing fraud.

The compensation for the means of access was received.

The favorable circumstances are against the confession of crimes.

The same shall not apply to the previous case.

The number of means of access leased is only two.

In addition, the records and trial process of this case, such as the defendant's age, character and conduct, environment, relationship with the victim, motive and circumstances of the crime, means and results, and the circumstances after the crime.

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