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(영문) 대전지방법원 천안지원 2019.06.03 2019고단763

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 borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On December 19, 2018, at around 12:34, 2018, the Defendant: (a) proposed that “I will use and return physical cards for three days from 90,000 won to 1.2 million won per day from 1.2 billion won from a person in secret name who is the head of C-B’s office; and (b) on the same day, I lent a physical card connected to the E-bank account (F) under the name of the Defendant and sent the password to the guard room by inserting the physical card from Asan-si D apartment around 19:00 on the same day.

Accordingly, the defendant promised to receive compensation and lent the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Certificates, etc. of transfer transactions;

1. Application of each detailed Act and subordinate 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. Determination of sentencing of Article 334(1) of the Criminal Procedure Act requires consideration to the occurrence of a fraudulent victim using the means of access, which has leased the reason for the order of provisional payment, and is not bad to the quality of the crime: Provided, That there is no criminal record of the same kind and no criminal