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(영문) 서울중앙지방법원 2019.11.28 2019고단3883

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

Except as otherwise provided for in any other Act, no one shall lend the means of access while receiving, demanding or promising any compensation with respect to the use and management of the means of access.

Nevertheless, on February 1, 2019, the Defendant: (a) received a proposal from a person who had misrepresented the borrower at a false place, that “the Defendant sent a e-mail card for the account that redeems the principal and interest,” and (b) lent one copy of the e-mail card connected with the Defendant’s name B Bank Account (C) on February 14, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The document and written statement of the F;

1. Application of the details of transfer and the content of G dialogue statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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;