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(영문) 인천지방법원 2019.08.23 2019고정1344
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall lend, keep, deliver or distribute the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

On February 14, 2019, at around 15:24, the Defendant: (a) deposited money from a nameless person who became aware of via the Internet at the point D branch of Yeonsu-gu Incheon Metropolitan City C Bank D, and (b) loaned the passbook to the nameless person who was named, the Defendant lent the check card and password connected to the C Bank account (E) under the name of the Defendant, in response to the proposal that the head of the Tong lends 2.50,000 won as a honorarium.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as photographs of suspect deposits;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in recognizing and opposing the instant crime.

It seems that there is no economic benefit acquired by the defendant from the crime of this case.

There is no record that the defendant has been punished for the same crime.

On the other hand, it is necessary to strictly punish the lending of the means of electronic financial transactions as it can be abused for other crimes as well as the security and reliability of electronic financial transactions.

The means of access lent by the defendant was actually used for the crime of Bosing, causing damage, and not recovered from damage.

In the above circumstances, the defendant's age, character and conduct, family relationship, family environment, motive and means of crime, and all the sentencing conditions shown in the records and arguments of this case shall be determined as ordered by considering the following circumstances.

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