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(영문) 인천지방법원 2018.12.19 2018고단8004
전자금융거래법위반
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of one million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium in receiving, demanding or promising to receive any consideration in using or managing access medium used in electronic financial transactions.

1. On August 20, 2018, Defendant A promised to lend 2,100,000 won per head (1), if he/she lends e-mail cards from a person who is not his/her name in front of the Defendant’s residence in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, to his/her name, Defendant A sent e-mail cards to the Defendant’s name and sent e-mail (2,100,000 won per head (D) connected to the SC bank account in the name of the Defendant, e-mail card (1), e-mail card (E), and e-mail card (F) connected to the SC bank account in the name of the Defendant.

2. On August 20, 2018, Defendant B promised to lend a e-mail card from a person who has no personal injury in front of the Defendant’s residence in Seo-gu Incheon, Seo-gu, Incheon, to KRW 3,300,000 per head of the e-mail, and used a e-mail card for Defendant B by inserting a copy of the e-mail card connected to the e-mail’s bank account (H) in a box and delivering it through Kwikset’s service.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to I by the police;

1. Details of the financial transaction with the principal, response to providing each financial information, text messages, and Kakao Stockholm dialogue;

1. Application of statutes concerning the provision of financial transaction information;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning the relevant criminal facts and the selection of a fine for the option of punishment;

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

1. The access media on which the Defendants’ reasons for sentencing of Article 334(1) of the Criminal Procedure Act was leased to the Defendants were high risk of being used as a means of other crimes, such as Bosing, etc., and the Defendants were actually used in the instant crime. Meanwhile, the Defendants are against the instant crime, the first offender, and the Defendant A is the SC Japan Bank, the Han Bank, and the Saemaul Bank.

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