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(영문) 인천지방법원 2019.02.14 2018고단7913
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 lend the means of access while demanding, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

On March 19, 2018, the Defendant: (a) received a proposal that “The Defendant will pay 300,000 won per day to the sending of the check and head of the Tong,” and (b) lent the check card connected to the account under the name of the Defendant at the PC near the E Hospital located in Michuhol-gu Incheon Metropolitan City, at around 16:00 on March 19, 201, through Kwikset service provider, to the nameless person.”

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Answer to the execution of a detailed statement of transactions of deposits and withdrawal, and an account warrant;

1. Application of Acts and subordinate statutes governing characters and photographs;

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 lending of the means of electronic financial transactions with a promise to impose a sentence on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment as it impairs the stability and reliability of electronic financial transactions and could be abused for other crimes, such as Bosing fraud. In fact, the victim of a fraudulent crime has occurred using the means of access leased by the Defendant, and even if the Defendant’s statement was made, the possibility that the means of access can be used for other illegal purposes is anticipated. The lending of the means of access to electronic financial transactions is unfavorable to the Defendant. The Defendant’s mistake is broken down and against the Defendant’s request, and the account transaction is suspended upon the Defendant

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