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(영문) 의정부지방법원 고양지원 2019.02.14 2018고단3261

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No one shall, while promising to receive compensation, lend the means of access under the Electronic Financial Transactions Act to any third person.

Nevertheless, around March 6, 2018, the Defendant received a proposal that “If he/she lends a physical card for three days, he/she shall be paid three million won if he/she lends it.” A physical card connected to the post office account (D) in the name of the Defendant, which is the means of access, was presented to the person designated by the person who was not the recipient of the physical card.”

Accordingly, the Defendant promised to receive compensation and lent the means of access under the Electronic Financial Transactions Act.

Summary of Evidence

1. Defendant's legal statement;

1. Cze cards;

1. Application of Acts and subordinate statutes on account 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 and the selection of punishment (see, e.g., Supreme Court Decision 2006Da14468, Apr. 2, 201; Decision 2006Da11446

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;