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(영문) 인천지방법원 2018.05.17 2018고단2470
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 request, demand or lend any medium access to electronic financial transactions while promising the consideration therefor.

Nevertheless, on January 17, 2018, the defendant is to manage the site by telephone from a person who has no name.

The physical card and password shall be returned after leaving the records of the main entrance and exit, and 150,000 won per day shall be paid by the card.

“On January 18, 2018, upon receipt of the proposal, accepted the proposal, and sent the check to the person who sent the above name in front of the C, which was located in Jung-gu Incheon, Jung-gu, Incheon, to the Defendant’s new bank account (D) in the name of the Defendant, and the password was known to the above person without the name via Kakao Stockholm.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A damage statement in preparation of E;

1. Materials concerning a warrant of search and seizure inspection;

1. A copy of account transactions;

1. The application of Acts and subordinate statutes to photographs (the letters sent with a book for solicitation of passbook) taken from a mobile phone of the recipient A;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The lending of the electronic financial transaction access media with the promise of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act to the effect that it would undermine the stability and reliability of the electronic financial transaction and the access media would be abused for other crimes such as singinginging fraud, etc. In fact, it is necessary to strictly punish such lending. In light of the fact that the victim of the fraudulent crime was generated through the access media leased by the Defendant, and the fact that the Defendant could have predicted the possibility of using his access media for other illegal purposes, etc., that is disadvantageous to the Defendant, and that there is a high possibility of criticism.

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