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(영문) 인천지방법원 2020.09.10 2020고단5430
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

No person shall, in using and managing a means of access used in electronic financial transactions, borrow or lend a means of access knowing that it is intended to use the means of access for a crime or intended to be used for a crime.

Nevertheless, the Defendant received a proposal from an inscaming employee who assumes the “B” at early 2019 to the effect that the Defendant “to use one half of the working loans up to KRW 500 million, in which it would be possible to create a corporate account.” On March 19, 2019, the Defendant knew that such an act was a fraud against a credit institution, and consented to it. On March 19, 2019, the Defendant sent the passbook, password, cash card, and OTP (hereinafter “corporate passbook, etc.”) connected to an account in the name of the E-bank (F) in the name of the Plaintiff, a UP, which was established by the Defendant under the direction of the said E-bank (hereinafter “B passbook, etc.”) to the said Boscing employee.

In addition, from around that time to October 29, 2019, the Defendant delivered the means of access linked to the bank accounts in the name of the old company established by the Defendant to the employees of the above Bophishing, such as the list of crimes, at least seven times.

Accordingly, the Defendant lent the means of access for the purpose of crime use.

Summary of Evidence

1. An interrogation protocol of the police concerning G;

1. A statement prepared by H;

1. Investigation reports (including the confirmation of account titleholders and the confirmation of the account titleholders); and internal investigation reports (including the verification of account titleholders; the confirmation of the account titleholders); the results of the execution of the account book; the necessity of additional recognition; and the establishment of a corporation under A);

1. Application of the reply statutes to the request for provision of communications data, inquiry of any fact, and inquiry of any fact;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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