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(영문) 인천지방법원 2019.06.19 2019고단3053
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

Except as otherwise provided for in any other Act, no one shall lend the means of access to the use and management of the means of electronic financial transactions by receiving, demanding or promising any compensation.

On March 8, 2019, the Defendant received text messages from a person who was named as “B,” and received the same proposal from the person who was named as “B,” and consented to it. On the same day, the Defendant sent one physical card connected to the account under the name of the Defendant at the vicinity of the Defendant’s workplace in Gyeonggi-do, Kwikset through Kwikset’s service, and notified the password.

In this respect, the defendant promised to pay compensation and lent the means of access in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on damage, a written statement, a written confirmation of transfer results, and a written request for financial transaction information;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the means of access leased by the defendant is highly likely to be used as a means of other crimes, such as singing, etc. and is actually used for singing. Meanwhile, the defendant is against the crime of this case; the defendant has no record of punishment as a same crime; the number of means of access lent by the defendant; the defendant's age, character and conduct, environment; the motive and background of the crime of this case; the means and methods and methods of the crime of this case; and the conditions of sentencing as shown in the records and trial process.

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