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(영문) 인천지방법원 부천지원 2019.01.10 2018고단2886
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

In using and managing the means of access for electronic financial transactions, no one shall promise to receive any consideration, unless otherwise specifically provided for in any other Act, lend the means of access.

Nevertheless, at around 11:58 on January 16, 2018, the Defendant received a text message stating that “If the bank account is lent for one month, the Defendant will pay a fee of KRW 3 million.” On the 17th day of the same month, around 19:00 of the same month, the Defendant issued a letter of check card linked to the Defendant’s post office account in the name of the Defendant in the name of the Non-Party D, through Kwikset service articles, and notified the password of the check.

As a result, the Defendant promised to pay 3 million won to the third party and lent the means of access to his name in return for it.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement concerning F;

1. A copy of details of transactions;

1. Application of Acts and subordinate statutes to the copies of attached statements;

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 choice of imprisonment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The defendant, although he/she could have well known that his/her passbook is used in an illegal day, has promised to pay and lent the means of access. The nature of the crime is not good.

The means of access leased by the defendant was used for the crime of Bosing.

There was no agreement with the victim on the crime of Bosing.

The favorable circumstances: The mistake is recognized and reflected.

There is no record of punishment for the same kind of crime.

In addition, the punishment shall be determined as ordered by taking into account the motive and background of the crime, means of the crime, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments.

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