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(영문) 인천지방법원 2019.05.28 2019고단2576
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

In using and managing a means of access, no one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation, unless otherwise expressly provided for in other Acts.

On January 29, 2019, the Defendant sent a text message stating that “I would pay the price if I lend the e-mail card” with the number that cannot be known at A.M. around A.M., the Defendant borrowed two copies of the e-mail card to the above-mentioned person and received 4,800,000 won in return.

At around 15:00 of the same day, the Defendant sent to Kwikset Service Articles the above-mentioned name in front of the B apartment and C entrance in Incheon Gyeyang-gu, and the above-mentioned name in front of the above-mentioned name boxes, two copies of the physical card connected to the D Bank account (E) and the post office account (F), and sent the password of each of the above accounts to G message.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Each investigation report (case concerning confirmation of the route of movement of 10 million won or more, and case concerning Account Name A);

1. A certificate of confirmation of transfer of damage amount;

1. Application of the Acts and subordinate statutes governing response data to financial companies (D banks) and specifications of transactions of deposits and withdrawal;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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