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(영문) 인천지방법원 2019.02.01 2018고단8534
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

In using and managing the means of access to electronic financial transactions, no one shall borrow or lend a means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on August 2018, the Defendant issued a proposal to the effect that “The Defendant would pay KRW 4 million to the account that is a brewing company, which is a liquor company, and is linked to the account that is able to use it as a passbook in order to buy taxes.”

On August 1, 2018, at around 18:00, the Defendant issued a letter of e-mail card (E) connected to the Dakwikset Bank account (E) in front of the Incheon Yeonsu-gu Hospital, Incheon, via Kwiksetset Bank Service, to the employees of the e-mailing criminal investigation, and notified the password of the e-mail card.

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on the details of transactions and the statement of account transactions in suspect D Bank;

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 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 means of access lent by the defendant seems to have been used in the singishing fraud crime, causing considerable damage.

The defendant committed a crime with an economic interest without confirming whether it is illegal in the course of committing the crime.

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