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(영문) 부산지방법원 동부지원 2019.05.22 2018고단2584

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one may lend the means of access while receiving, demanding or promising any compensation in using or managing the means of access under the Electronic Financial Transactions Act.

Nevertheless, around September 4, 2018, the Defendant received a proposal from the non-resident of Busan Shipping Daegu building and Cdong, and consented to the proposal that “(300,000 won per 3,00,000 won per 3,000,000 won per 1,000 if he/she borrowed the C Card)” and sent the C Card connected to the D Bank Account (E) under the name of the Defendant to the non-resident using Kwikset Services, and notified the account number and password.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of reply statutes to requests for submission of transfer statements and financial transaction data;

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 selection of fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The safety and reliability of electronic financial transactions when lending the means of access can be abused for other crimes, such as scaming, etc.; thus, the circumstances favorable to the need for strict punishment: The defendant shows an attitude against him/her; the defendant has no same criminal records; and the defendant's age, character and conduct, environment, motive and consequence of the crime; and the conditions of various sentencing shown in the trial process of this case, such as the circumstances after the crime, etc., shall be determined as per the order.