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(영문) 인천지방법원 2019.02.01 2018고단8600
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 shall, in using and managing a means of access, lend any means of access while receiving, demanding or promising to receive compensation therefor.

Nevertheless, around 16:00 on July 5, 2018, the Defendant promised to receive KRW 3 million in return for using the physical card in the name of the Defendant from the non-defluent person in the B business place located in Ansan-si for three days, and lent two physical card linked to C Bank D and E BankF accounts in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each internal investigation report (verification of a crime-use account, analysis of CCTV image data at a bank branch or CCTV branch in which the amount of damage is withdrawn), and each investigation report (verification of a bank account immediately after the remittance of the amount of damage from the crime-use account, and analysis of CCTV video data at a bank or a CCTV branch in which the amount

1. Application of text statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Electronic Financial Transactions Act due to lending of a means of access connected to a bank account with heavier Cbank account);

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant’s crime of sentencing on the grounds of Article 334(1) of the Criminal Procedure Act is committed on the basis of the promise of consideration and lending the means of access. Such crime not only disturbs the reliability and safety of electronic financial transactions, but also can be abused as a means of crime using the means of access. Therefore, there is a need for punishment.

The Defendant lent multiple means of access, and the means of access are used in the crimes of Bosing fraud, and are deemed to have actually suffered considerable damage.

The defendant committed the crime of this case with a substantial economic interest, thereby making it easy for the defendant to commit the crime of this case.

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