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(영문) 창원지방법원 2019.01.16 2018고단3191

전자금융거래법위반

Text

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

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

Reasons

Criminal facts

No person shall, with respect to the use and management of a means of access, borrow or lend the means of access while demanding, demanding or promising compensation therefor, or knowingly borrow or lend the means of access for the purpose of using it for a crime or having knowledge that it is to be used for a crime.

Nevertheless, on April 10, 2018, the Defendant heard the phrase “B, operating a liquor company, and, if necessary to save taxes, would pay KRW 800,000 won per account in return for the loan of the e-mail card and password to three days,” and around May 9, 2018, the Defendant sent one e-mail card connected to the e-bank account in the name of the Defendant at the window C located in the window of Chang-si, Chang-si around May 16:30, 2018, and sent the password to the namelight, and then sent the password to the G message.

As a result, the Defendant committed an act of lending a means of access to another person while promising to receive compensation, and at the same time, lent a means of access to another person with knowledge of being used for a crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes on the transactions of entry and departure;

1. Relevant Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts (the point of lending a means of access to a means of access to a price promise) and Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act (the point of lending a means of access knowing that criminal facts are to be used for a crime);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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