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(영문) 인천지방법원 부천지원 2019.07.18 2019고단109
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall lend a means of access used in electronic financial transactions while receiving, demanding or promising any consideration.

At around 15:00 on October 29, 2018, the Defendant received the D message stating, “If he/she lends the e-mail card for two weeks, he/she will give KRW 3,00,000,000 per account for one loan,” from the non-known person in the name of the Defendant, and accepted it, and sent the e-mail card to the above non-known person via Kwikset Service Articles connected with the E-bank (F), and notified D of the password of the above e-mail card.

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

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of the Acts and subordinate statutes to a photographic Act and subordinate statutes by cutting down the transfer receipt of each amount of damage, investigation report (a search and inspection warrant, reply to a request for provision of financial transaction information, response to a request for financial transaction information, bank transaction application, A personal information, details of account transaction, and details of a closed text

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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 - The act of lending the means of access is an act that facilitates various crimes, such as tax evasion, Internet gambling, and outsourcing, and such social harm is serious.

- The crime of this case resulted in the singishing damage.

- However, the defendant is in profoundly against his mistake and has no record of being subject to other criminal punishment before.

- The Defendant was absent after being notified of the date of pronouncement in the court, and the date of pronouncement was postponed thereafter, and the Defendant did not receive a writ of summons and had been absent on the date of pronouncement even though the call was returned several times.

The attitude of being tried is very poor.

- The motive and motive of the instant crime.

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