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(영문) 인천지방법원 2019.02.14 2018고단8985
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access to electronic financial transactions, no one shall lend the means of access while demanding, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

On June 25, 2018, the Defendant: (a) received a letter from a person under whose name the Defendant referred to B around June 25, 2018, stating, “I will lend a e-mail card to lower liquor tax; (b) use only 30 days and provide a total of KRW 2,400,000,000 per day as of January 1, 200; and (c) contacted the name under whose name the proposal was accepted; and (d)

7.2.Around the day of Incheon Jung-gu, the location D located in Jung-gu, Incheon, lent a physical card (Account Number:F) connected to the E Bank account in the name of the accused to the person under whose name the card was named.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written confirmation of the results of electronic financial transfer, and response data from financial institutions;

1. Application of Acts and subordinate statutes to photographs, such as letters and domains;

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 choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. There are extenuating circumstances, such as the fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act shows the attitude of recognizing and opposing the Defendant’s crime, that the victim was returned to the Defendant’s account, and that there was no penalty exceeding the fine.

However, the lending of the means of electronic financial transactions, with the promise of compensation, would undermine the stability and reliability of electronic financial transactions and could be abused for other crimes such as scaming fraud, so it is necessary to strictly punish the means of access. In fact, the victim of fraud was caused by the means of access leased by the defendant.

Also, in light of the contents of the proposal of the deceased.

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