beta
(영문) 대전지방법원 서산지원 2019.07.10 2019고단160

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

On October 15, 2018, the Defendant: (a) received a proposal stating that he would lend a e-mail card from a person who has no name to the name of the Defendant; and (b) issued one e-mail card connected to the d bank account (E) in the name of the Defendant from Seosan City building B and C, to the e-mail.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to references to the results of transfer, search, seizure and verification warrant (applicable to financial accounts) and reply 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;