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(영문) 수원지방법원 여주지원 2019.03.08 2018고단1080

전자금융거래법위반

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Defendant shall be punished by a fine of three million won.

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 one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation.

Nevertheless, around August 30, 2018, the Defendant received a proposal from the person who was the weak name of the investment company that "if he/she lends the e-mail card during the e-mail, he/she will pay 50,000 won per day" from the person who was the weak name of the investment company, and around that time, he/she sent one e-mail card that is linked to the bank account (Account Number: C) in the name of the Defendant in the name of the passenger cargo from the racing terminal located 184 on the river side of the racing-si, and then notified D of the password of the e-mail card immediately.

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

Summary of Evidence

1. Defendant's legal statement;

1. E’s authentic statement and written statement;

1. Application of Acts and subordinate statutes for verification;

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

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

1. As for the reasons for sentencing under Article 62(1) of the Criminal Act, consideration shall be given given to the circumstances that the Defendant’s means of access for the crime of Bosing is used, given that there is no other means of access for the reason of sentencing under Article 62(1) of the Criminal Act, such as: (a) the time and reflects; (b) the Defendant has no profit gained by the Defendant; (c) the victim has partially recovered from damage by account transfer; and (d) the victim has no other means of access for

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.