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(영문) 청주지방법원 2019.03.08 2019고정39

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend a means of access to any electronic financial transaction while receiving, requesting or promising the payment.

Nevertheless, on October 8, 2018, the Defendant sent a written message stating that “if a bank account and a e-mail card are lent, the Defendant would give KRW 3 million per case to the person in whose name the message was reported, and received KRW 3 million by communicating it to B, and around 14:00 of the same month, the Defendant sent the e-mail card connected to the Defendant’s name account (Account Number F) via Kwikset Service’s article in the “D” book located in the Cheongju-si Office, the Defendant sent it to the person in whose name the e-bank was named, and the above e-mail and the password of the e-mail card were notified to the person in whose name the e-mail was named through B.

Accordingly, the Defendant promised to borrow a means of access used in electronic financial transactions to receive compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes to reports on occurrence of accidents and investigation reports (representative telephone subscribers and telephone calls);

1. Relevant legal provisions concerning facts constituting an offense and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 186 (1) of the Criminal Procedure Act of the Provisional Payment Order;