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(영문) 인천지방법원 2019.02.14 2018고단3975
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

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.

On October 31, 2012, the Defendant was well aware of the fact that the means of electronic financial transactions was transferred to another person on two occasions due to the transfer of the means of access to electronic financial transactions by an investigative agency, and on October 31, 2012, the Defendant was sentenced to a fine of KRW 1 million due to the violation of the Electronic Financial Transactions Act in the Sungwon District Court Sungnam Branch branch, but was well aware of the fact that the means of access to electronic financial transactions may be used for the crime. However, on November 8, 2017, the Defendant accepted the proposal, “I would give a loan if you send the e-mail card,” and then delivered the e-mail card connected to the Agricultural Cooperative (D) account in the name of the Defendant to the above non-known owner through Kwikset branch service.”

Accordingly, the defendant knowingly committed an act of lending a means of access to a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as account transactions;

1. Relevant Article 49 (4) 1 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts, the selection of punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 57 of the Criminal Act including days of detention;

1. The Defendant’s crime of sentencing on the grounds of Article 334(1) of the Criminal Procedure Act is not only an obstacle to the security and reliability of electronic financial transactions by itself, but also a soil where the singing crime takes place in society as the source of supply of the passbook.

In the case of paroled status, repeated attempts disregarding the warning of repeated crime, external records of the same kind, conclusive criminal intent on the provision of the means of access, and withdrawal of scams has been made at a single time by force on the means of access delivered by the defendant to the organization.

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