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(영문) 인천지방법원 부천지원 2019.03.27 2019고단59
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

On November 20, 2018, the Defendant received a proposal that “The account needs to be paid in 80,000 won per transfer of the account, if the account is leased for three days,” from the person who was named in the name of the defendant, and accepted it. On November 21, 2018, the Defendant sent one check card connected to the company bank account (B) in the name of the defendant at the convenience store located in Yeonsu-gu Incheon, Incheon, to receive it and deliver it to the person who was named in the name of the defendant, and notified the person who was named in the name of the deceased.

Accordingly, the Defendant promised to pay compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the details of dialogues, specifications of trading automated devices, detailed statement of deposit transactions, notification of data on the current status of financial transactions ( customer basic information inquiry, notification of the current status of financial transactions, and statement of transaction by account);

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. On the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, lending of the means of access, such as the instant crime, is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and such social harm is serious.

The crime of this case led to the occurrence of Bosing damage, and the damage was not compensated.

However, the defendant's mistake and reflects depth, the first offender, the fact that the defendant seems to have not obtained any particular benefit due to the crime of this case, and other various circumstances revealed in pleadings, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, circumstances after the crime, related damage amount, etc., shall be determined as ordered by a comprehensive consideration.

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