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(영문) 부산지방법원 동부지원 2019.01.30 2018고단2172

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No one may lend the means of access while receiving, demanding or promising any compensation in using or managing the means of access under the Electronic Financial Transactions Act.

Nevertheless, around June 19, 2018, the Defendant received text messages, “at least 30 if he leaves the Republic of Korea,” and contacted the person in distress with his name, and consented to the proposal, stating that “I would pay 5% of the amount of money to be exchanged at the time of leaving the Republic of Korea’s casino business. If you send a physical card necessary for money exchange business, I would give 5% of the amount of money to be exchanged.” On June 21, 2018, around June 21, 2018, the Defendant sent the physical card connected with the Cbank account (D) in the name of the Defendant in front of the Defendant’s residence in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, by using Kwikset’s Kwik and sent it to the person in distress,

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Certificates of transfer results;

1. Cbank (A);

1. Application of the Acts and subordinate statutes concerning the F dialogue content submitted to A;

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;