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(영문) 인천지방법원 2016.10.27 2016고단5665
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Any person shall revise and supplement part of the facts charged without following the procedures for modification of indictment to the extent that it seems that there is no concern that no substantial disadvantage may be inflicted on the defendant's exercise of his/her right to defense by receiving compensation and lending

Nevertheless, on April 20, 2016, the Defendant received text messages stating that “The Defendant would handle imported alcoholic beverages from the company to sell imported alcoholic beverages, thereby causing a large number of official duties.” In order to reduce taxes, the Defendant borrowed accounts to “in advance payment of KRW 3.6 million per month based on two accounts.”

Accordingly, the Defendant contacted with the phone number in which the above text message was sent, and sent one check card to the effect that “if the account is lent, it is expected to pay KRW 2 million per account.” On the same day, the Defendant promised to receive the price, and then, through Kwikset Service Articles, one check card connected to the account under the name of the Defendant in front of the Defendant’s office (C) in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu and 405, lent the password of the above account to the account holder via Kwikset Service Articles.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written petition;

1. Application of Acts and subordinate statutes on details of transfer;

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, where an electronic financial transaction is transferred, the safety and reliability of the electronic financial transaction may not be undermined, but may be abused for other crimes such as Bosing, etc. Therefore, it is necessary to strictly punish the means of access transferred by the Defendant. In fact, the means of electronic financial transaction is used for the crime of Bosing.

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