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(영문) 대전지방법원 천안지원 2019.05.09 2019고단473

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

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

On September 17, 2018, the Defendant: (a) received a proposal from the name non-strawer who was the head of a liquor company with no knowledge of the trade name; (b) “I would pay KRW 800,000,000 to the Plaintiff,” and sent to the Defendant, at around 10:0, September 17, 2018, a copy of the physical card connected to the D bank account (E) under the name of the Defendant, from the non-strawer who was the head of the liquor company with no knowledge of the trade name.”

Accordingly, the Defendant promised to receive compensation and lent the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to response materials (D Banks, etc.);

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. The occurrence of a victim of a fraudulent crime using the means of access that has leased the reason for sentencing under Article 334(1) of the Criminal Procedure Act: Provided, That this shall not apply to the same kind of crime, and shall be considered as having no record of criminal punishment other