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(영문) 인천지방법원 2020.02.04 2019고단4074
전자금융거래법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall transfer or acquire the means of access, or receive or borrow the means of access while requesting or promising to receive any compensation therefor.

Nevertheless, around November 2018, the Defendant: (a) received a proposal from a person who assumes the misrepresentation of “B agency” to “be paid 4 million won per head of the bank, if the name account is opened for the purpose of tax reduction and exemption, and the check card is sent; (b) opened a D account in the name of the Defendant at the fifth floor D Incheon, Bupyeong-gu, Incheon, at around February 18, 2019, in the name of the Defendant around February 18, 2019; and (c) issued one head of the bank and a check card connected to the above account through Kwikset service provider, a company of the Defendant, at around 16:00 on the same day, via Kwikset service provider.

Accordingly, the Defendant promised to pay for the above, and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement of H;

1. Application of Acts and subordinate statutes concerning the details of the petition, transfer transaction receipt, financial data reply, each CCTV reply, and I dialogue;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The cream card leased by the defendant was used for the scaming crime.

The favorable circumstances: Recognizing the crime, it is against the law.

The number of means of access leased is only one.

Other conditions of sentencing, such as the defendant's age, character and environment, background leading to the crime, circumstances after the crime, and sentence of similar cases, shall be determined as per the order, taking into consideration equally the conditions of sentencing.

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