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(영문) 인천지방법원 부천지원 2019.05.16 2019고단447
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 lend the means of access used in an electronic financial transaction in receiving, demanding or promising any consideration.

On December 10, 2018, the Defendant: (a) received the call from a person without a name, who was unable to know his/her name at a place where his/her name is unknown; (b) consented to the opening of a head of Maspbook up to KRW 30,000; (c) on December 11, 2018, the Defendant sent the above name in the Maspbook’s underground parking lot of Kimpo-si, Kimpo-si, Kimpo-si, the Defendant sent one check connected to the Cbank’s account (Account Number D) and one check connected to the Cbank’s account (Account Number D); and (d) around that time, notified the phone of the password number necessary for using the above account by telephone.

Accordingly, the Defendant promised to pay compensation and lent the means of access to others.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The application of a photograph of the details of transfer of smart banking, the details of H dialogue with persons who have failed to submit A, and the Acts and subordinate statutes governing financial transaction information in the name of a Cbank;

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

As a result of the instant crime, the damage was caused by the instant crime, and the damage was not recovered.

However, the defendant reflects his mistake in depth and has no record of other criminal punishment before, and the motive and circumstance of the crime of this case, related amount of damage, etc. shall be determined as ordered by taking into account the following factors.

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