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(영문) 인천지방법원 2018.11.14 2018고단6954
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, on July 4, 2018, the Defendant leased his personal account from a person with no standing on July 4, 2018.

It shall be paid KRW 500,000 per account on 5 days per one account with a loan of account.

“In receipt of a proposal, at the front of Ministry B and 203 of Incheon Central District Court, agreed to receive money and lent the head of the physical card and the password connected to the account (C) of the defendant’s name to the account of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes to the provision of financial transaction information;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the lending of electronic financial transaction access media is highly likely to cause secondary damage, such as fraud, by abusing it for crime.

In fact, the account linked to the access media lent by the defendant was used for the telephone financing fraud.

However, the number of access media leased by the defendant is limited to one, and there is no profit earned by the defendant from the crime of this case.

It seems that part of the money deposited in the account due to telephone finance fraud will be transferred to another account by the defendant and the damage corresponding thereto will be recovered.

The defendant has no criminal record of the same kind of imprisonment or heavier punishment.

In full view of the above circumstances, the fine shall be selected and the sentence shall be determined as ordered.

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