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(영문) 인천지방법원 2019.05.14 2019고단1742
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

No one may lend a means of access while receiving, demanding or promising any compensation for the use and management of the means of access.

Nevertheless, around October 19, 2018, the Defendant received a proposal that “C” located in Michuhol-gu Incheon Metropolitan City “C” from a person who has failed to pay his/her name to the account for the reduction of alcoholic beverages, and then sent a physical card that is linked to the account to the account for the reduction of alcoholic beverages. To this end, the Defendant sent one copy of the physical card connected to the bank account in the name of the Defendant at home to the person who has failed to pay his/her name.”

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The response to the details of transactions in the accounts of the D Bank and the application of statutes on G dialogues;

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. In light of the fact that the crime of lending means of access under the Electronic Financial Transactions Act, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, is not only detrimental to the security and reliability of electronic financial transactions, but also becomes a means that facilitates other crimes, there is no need for strict punishment against the Defendant in light of the fact that the means of access in this case leased by the Defendant was actually used for the crime

However, the sentencing conditions shown in the argument of this case, such as the defendant's age, character, conduct and environment, motive, means and result of the crime, etc., are considered to be the primary offender, and the sentencing conditions shown in the argument of this case, such as the following circumstances after the crime, shall be determined as the sentence as ordered.

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