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(영문) 광주지방법원 2019.01.25 2018고단4403

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access while demanding, demanding or promising compensation.

On August 9, 2018, the Defendant: (a) received a proposal from a person without his/her name, stating that he/she will use and return a e-mail card, and pay KRW 2.1 million per card; (b) around August 14, 2018, the Defendant sent the e-mail card and password connected to the e-mail account in the name of the Defendant from B located in the e-mail-gun, the e-mail card and password, and the e-mail card and password connected to the e-mail account in the name of the Defendant.

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 concerning F;

1. Contents of text;

1. Inquiries about details of transactions, lists of financial information, and detailed details of provision of financial information;

1. Application of Acts and subordinate statutes to reports on internal investigation (including attachment to the details of Gation, accompanying documents), investigation reports (including replies to a warrant of search and seizure, including accompanying documents);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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

1. Selection of an alternative fine (including the circumstances and details of the crime committed, the gains acquired, and the absence of records of punishment, and all the circumstances shown in the trial process);

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;