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(영문) 인천지방법원 2019.01.08 2018고단8217
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 or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime, unless otherwise provided for in any other Act.

Nevertheless, on July 31, 2017, the Defendant received a proposal that “it is a bitcoin company, which is a non-registered company, and is doing business by leasing a e-mail card to see taxes. The Defendant would pay 4 million won per day on a four-day basis by leasing a e-mail card.”

On August 2, 2018, at around 16:00 on August 2, 2018, the Defendant issued a copy of the Cbank (D) card connected to the Defendant’s account under the name of the Defendant and sent a password to Kwikseter through Kwikset Service Articles.

Accordingly, the Defendant promised to receive compensation and lent the means of access to electronic financial transactions while knowing that they will be used for crimes.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Detailed statement of transactions and detailed statement of transfer of damaged funds;

1. Application of the photographic Acts and subordinate statutes by cutting text messages;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act regarding criminal facts (which means of access to a means of access to a promise) and Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act (which means of access to a means of crime use);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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