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(영문) 인천지방법원 2019.02.13 2018고단8441
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used in such crime.

Nevertheless, around July 2017, the Defendant received a proposal from a person with no name account to the effect that he/she will offer KRW 100,000 as a daily account on behalf of the person with no name account opened, and recognized that the said account is used as a means of issuing a large-scale passbook, and accepted it, thereafter, the Defendant opened a bank account (Account Number:D) in the name of the said corporation at a bank located in an influence area at that time, and then delivered the passbook, e-mail card, and OTP card connected to the said account to the above person with no name account.

Accordingly, the Defendant knowingly delivered a means of access to a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on account transfer;

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. The means of access delivered by the accused for sentencing under Article 62-2 of the Social Service Order Criminal Act is highly likely to be used as a means of other crimes, such as singing, etc., and is actually used for singinging, and the defendant opened an account in the name of a juristic person after receiving compensation, and then delivered a passbook, check card, etc. connected to the account, and the Defendant’s liability is not less than easy. Meanwhile, the Defendant’s crime is against the Defendant’s age, character and behavior, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the crime, etc. shall be determined by comprehensively taking account of the following factors:

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