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(영문) 대구지방법원 2019.03.05 2018고단5795

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access.

Nevertheless, on September 10, 2018, the Defendant issued a proposal to the effect that “The Defendant will give two million won per day on the face of the week from lending the passbook,” at a name-free place. On the same day, the Defendant sent the physical card connected to the account (C) in the name-free place under the name of the Defendant from the Kwikset service.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written petition of D;

1. Application of Acts and subordinate statutes for investigation reports (as a result of checking entry and departure of criminal records);

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;