beta
(영문) 대전지방법원 천안지원 2019.08.29 2019고단1461

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

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

On April 23, 2019, the Defendant received a proposal from a person who has no name, stating that “The Defendant would lend 200-2500,000 won to an account to collect the proceeds of a liquor company,” and on the same day, sent one physical card connected to the bank account (D) in the name of the Defendant at the C office located in Seo-gu, Seo-gu, Seo-gu, Seoan City. The Defendant sent one copy of the physical card to the person who has no name and notified the password of the above physical card E.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Details of replies by financial institutions;

1. A transportation invoice;

1. Application of Acts and subordinate statutes of text and E dialogue;

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. The occurrence of a victim of a fraudulent crime using the means of access, which has leased the reason for sentencing under Article 334(1) of the Criminal Procedure Act: Provided, That this shall not apply to the same kind of crime and there is no criminal punishment other than once the fine is imposed;