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(영문) 인천지방법원 2020.01.17 2019고정2429
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 shall borrow or lend any means of access used in electronic financial transactions in return for the request or promise to receive the price therefor.

Nevertheless, at around 14:30 on March 12, 2019, the Defendant received text messages from a non-person who assumes the team leader of the company C in front of the Dong-gu Incheon Metropolitan City, which would be able to lend a low interest rate, and then would be able to increase credit rating while providing counseling with the Defendant, he/she must accumulate transaction performance and, in order to increase credit rating, he/she would transfer the physical card and password, which is a means of access to the account, from the company to the relevant account and then would cause a low interest rate after making a transaction result. Upon receipt of a proposal, the Defendant lent to another person the means of electronic financial transactions by informing him/her of the fact that he/she assumes the delivery of one physical card, which is the means of access to the E Union accountF, which is a means of access to the account established in his/her own name, and then, lent to another person the means of access used for electronic financial transactions by informing him/her of the person who assumes the identity of the relevant account by Do team leader.

As a result, the Defendant lent a means of access used in electronic financial transactions to a person who is not his/her name in return for an intangible expected profit to receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to H

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, shows an attitude against the Defendant, recognizing the instant crime.

It seems that there is no economic benefit acquired from the crime of this case.

There is no record that the defendant has been punished for the same crime.

On the other hand, the security and reliability of electronic financial transactions can only be damaged when lending the means of access.

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