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(영문) 부산지방법원 동부지원 2019.03.15 2018고단2579

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

No one may lend the means of access while receiving, demanding or promising any compensation in using or managing the means of access under the Electronic Financial Transactions Act.

Nevertheless, around May 28, 2018, the Defendant, upon receiving a proposal from a name-free seller to “a wholesale and retail distributor, who lends a physical card to process non-issuance and sale of tax invoices, KRW 3 million, and Chapter 2,50,000,000,000.” On the same day, around 21:00, the Defendant sent a physical card connected with the Defendant’s bank account (C) in the name-free shop in the name of the Defendant, using Kwikset’s Kwikset’s services. On May 29, 2018, the Defendant sent the physical card connected with the Defendant’s new bank account (D) in the name-free manner in the same manner as the name-free bank account in the name of the Defendant, and then notified the account number and password of each of the following.

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

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of F’s authentic statutes;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act and the selection of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to sentencing under Article 334(1) of the Criminal Procedure Act: The safety and reliability of electronic financial transactions can not be undermined in the event of lending the means of access to electronic financial transactions, but may be abused for other crimes, such as singinginging, etc.; thus, the circumstances favorable to the Defendant need to be strictly punished: the Defendant’s age, character and conduct, environment, motive and consequence of the crime, etc.; and the Defendant’s age, character and conduct, environment, motive and consequence of the crime.