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(영문) 수원지방법원 안산지원 2019.02.12 2018고단4392

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

Except as otherwise provided for in any other Act, no one shall lend any means of access to electronic financial transactions with the receipt, request or promise of the consideration.

Nevertheless, around June 26, 2018, the Defendant received a proposal from a person who was not the deceased's name, stating that "on the face of lending 3 days a physical card, it will pay 3 million won in return for that payment." On the same day, the Defendant sent one check card connected to the Dakkset Bank (E) deposit account in the name of the Defendant through Kwikset Bank (E) in front of the Defendant's house located in B building B at the time of the same day, and notified the above Makset Bank's password by telephone.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to the details of account opening and transactions;

1. Article 49(4)2 of the relevant Act and Articles 6(3)2 and 6(3)2 of the Electronic Financial Transactions Act regarding criminal facts (i.e., the selection of fines and the Defendant’s actual use of the crime of this case as a means of Bosing fraud), however, considering the fact that the Defendant reflects the crime, and that the Defendant is the first offender);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.