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(영문) 대구지방법원 서부지원 2019.11.27 2019고단2281

전자금융거래법위반

Text

Defendant shall be punished by a fine of three 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

No one shall lend any means of access to electronic financial transactions while promising such consideration.

Nevertheless, on April 23, 2019, the Defendant received a proposal from a person whose name is unknown to the effect that he/she would lend a e-mail card to KRW 20 million by raising the transaction performance, and consented thereto. On April 24, 2019, the Defendant sent a e-mail card connected to the Defendant’s name bank account (B) to a person whose name is unknown by using a e-mail service.

As a result, the Defendant promised to return a means of access to a person who is not aware of his/her name in return for an intangible expected interest of future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the police statement;

1. C’s petition;

1. A criminal investigation report;

1. Application of Acts and subordinate statutes on a certificate of confirmation or a request for financial transaction information;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act regarding criminal facts, the choice of a fine (the nature of the crime in this case is without fault, the confession and reflect of the defendant, the fact that the profit gained from the crime in this case is not significant, the primary crime, and other circumstances shown in the argument in this case);

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;