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(영문) 인천지방법원 2018.05.03 2018고단1788
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 lend any medium access to electronic financial transactions in return for the consideration therefor.

Nevertheless, on January 29, 2018, the Defendant would lend a e-mail card from a person who has no name to the name of the defendant to KRW 3 million.

“The” received a proposal and accepted it, and on the same day, transferred each physical card connected to the corporate bank account (E) and the agricultural bank account (F) in the name of the Defendant at the D office located in Incheon C, to the above person without a name.

As a result, the Defendant promised to pay for, lent access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition;

1. Application of Acts and subordinate statutes to report internal investigation (verification of accounts for depositing damaged money);

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 recognized all of the crimes of this case and reflects his mistake in depth, and the defendant seems to have never earned any profit from the crime of this case.

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