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(영문) 수원지방법원 평택지원 2019.02.28 2018고정112

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall lend a means of access used in electronic finance to any third person in receiving, demanding or promising any other person to provide or receive any consideration.

Nevertheless, around February 1, 2015, the Defendant received a proposal from B to “A request for the payment if a family member C lends the passbook,” and accepted it. On the same day, the Defendant sent the passbook (Account Number: D) and passwords in the name of the Defendant to B in the park located in Pyeongtaek-si, Pyeongtaek-si.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. E’s written petition;

1. Each internal investigation report and investigation report (including attached documents) [including the defendant's assertion that he did not promise to make any consideration to B, and did so by temporarily lending a passbook to B, but according to the above evidence, the defendant's defense can be rejected and the facts charged in this case can be fully convicted] law shall be applied.

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 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;