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(영문) 인천지방법원 부천지원 2019.10.23 2019고단1729
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

On December 19, 2018, the Defendant received a proposal, “The Defendant sent a physical card from an unqualified person to a third million won for a day” and accepted it. On the same day, the Defendant sent the physical card and password connected to the account in the name of the Defendant to the account in the name of the Defendant (D) through a male who sent the above name in the 8th floor of the B building in Bupyeong-si, Bupyeong-si. B. on the same day.

Accordingly, the Defendant promised to lend the means of access to electronic financial transactions in return for the benefit of the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to E, a detailed statement of entry and departure transactions, and the Flution output;

1. Application of Acts and subordinate statutes concerning the return of financial transaction information (customers' personal information inquiry, copy of an application for transaction, certificate of deposit transaction performance), and F dialogue;

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. On the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, lending of the means of access, such as the instant crime, is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and such social harm is serious.

In fact, it was done using the means of access lent by the Defendant.

However, the court shall take into account the circumstances favorable to the defendant such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, circumstances after the crime, and the amount of related damage, etc. that the defendant was the first offender, recognized the facts charged, and appears to have not obtained any benefits from the crime of this case, etc., and determine the punishment as ordered by the court, comprehensively taking into account the various circumstances revealed

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