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(영문) 인천지방법원 2018.05.17 2017고단9464
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 person shall borrow or lend an access medium while receiving, demanding, or promising to receive, demand, or promise any consideration in using or managing the access medium.

Nevertheless, the Defendant, on May 2017, leased the “tax reduction account” from a person who is not a senior policeman.

If the account is leased, 3 million won per account, 2.5 million won per account, and 6.5 million won per account.

“In response to the proposal to the effect that it was presented, it lent a medium of access to electronic financial transactions by delivering two copies of the physical card linked to the Defendant’s Saemaul Depository Account (C) and the Enterprise Bank Account (D), respectively, in the French area below Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written petition;

1. Details of account transactions (number 5 of evidence lists), application of Acts and subordinate statutes notifying data on financial transaction status;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Electronic Financial Transactions Act due to the lending of a physical check card linked to an enterprise bank account with a heavier penalty);

1. Selection of an alternative fine for punishment;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment: Fines of not less than 50,000 won but not more than 20 million won;

2. The sentencing criteria are not set for a violation of the Electronic Financial Transactions Act in which the sentencing criteria are not set;

The sentencing criteria are not applied because of the choice of fine.The electronic financial transaction access media that lent a fine of 3 million won to another person can be used for fraud crimes, such as Bophishing, which may cause damage to many and unspecified persons. In fact, considering the fact that the account of the access media that the defendant lent was used for fraud, it is necessary to severely punish the defendant.

However, the defendant recognizes all of the crimes of this case.

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