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(영문) 광주지방법원 목포지원 2018.11.30 2018고정159

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in using or managing access medium used in electronic financial transactions.

Nevertheless, on February 7, 2018, the Defendant issued a proposal to the effect that “the Defendant would pay KRW 3 million per month if he/she lends the e-mail card” from the Sksetman’s staff, and sent one e-mail card, which is linked to the Saemaul Treasury Account (C) in the name of the Defendant, at around 14:00 on February 7, 2018, to Kwikset Service Officer via Kwikset Service Officer.

Accordingly, the defendant lent access media used for financial transactions in return for the promise.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of a detailed statement of transactions in deposit and return of financial transaction information and Acts and subordinate statutes;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;