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(영문) 인천지방법원 2019.05.02 2019고단1612
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

With respect to the use and management of a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in exchange for compensation, demand or promise, unless otherwise expressly provided for in any other Act.

Nevertheless, at around 14:00 on January 21, 2019, the Defendant received a letter-free box stating that “Korea is a liquor company, and there is any receipt of money from the customer of alcoholic beverages.” However, there is a tax problem in the receipt of money from our passbook, and if we send a physical card connected to the current bank account and notify the password, he will use the physical card only for three days, and if he will use it only for three days, he will pay a fee of KRW 2 million to KRW 2 million or KRW 3 million to the suspect’s name.” A physical card connected to the DNA bank account in the name of the suspect to Kwikset Service employee.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on the transactions of entry and departure;

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 [unfair circumstances] The Defendant’s crime committed by promising the Defendant to receive compensation and lending the means of access, which facilitates various crimes, such as the so-called “wishing” crime using the means of access under another person’s name, and its social harm is not significant. In light of the fact that the means of access leased by the Defendant was actually used in the crime of fraud and the victim was generated, the Defendant may not be charged with criminal liability corresponding thereto.

[Ligue circumstances] The defendant committed a crime.

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