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(영문) 인천지방법원 부천지원 2019.01.31 2018고단3033
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

No person may borrow or lend a means of access in receiving, demanding or promising any compensation.

Nevertheless, at around 11:13 on August 21, 2018, the Defendant: (a) borrowed a e-mail card from a person in secret name who is called as a raw material importer B (State) logistics support team employee; (b) in order to lend a e-mail card connected to his own account to the e-mail that “the Government leases the e-mail card to receive tariff benefits; (c) advance payment shall be made on a monthly basis; and (d) around 14:20 on the same day, the Defendant sent a e-mail card connected to the e-bank account (F) in the name of the Defendant to the Kwikset service engineer who sent the e-mail and sent the password to the e-bank service provider under the name of the Defendant.

Accordingly, the Defendant lent the means of access while receiving, demanding or promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (the result of the execution of a warrant of search, seizure and verification applying financial accounts);

1. A victim report;

1. Application of the Acts and subordinate statutes governing the transaction details of passbooks and G dialogue;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant has promised to pay and lent the means of access that is disadvantageous to the sentencing of the provisional payment order.

The means of access leased by the defendant was used for the crime of Bosing.

There was no agreement with the victim on the crime of Bosing.

The favorable circumstances: The mistake is recognized and reflected.

It is the first crime.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various sentencing conditions shown in the records and arguments, such as the motive and background of the crime and the means of the crime.

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