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(영문) 청주지방법원 2019.03.15 2019고정27

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend a means of access to any electronic financial transaction while receiving, requesting or promising the payment.

Nevertheless, on October 30, 2018, the Defendant sent a name non-member of the Defendant’s name card to the non-member of the Defendant for three days each time, and then received KRW 2,700,000 by communicating a text message to the non-member of the Defendant and receiving KRW 2,70,000,000 from the non-member of the Defendant’s name. On the same day, around 12:40 of the same day, the Defendant sent a physical card connected to the Defendant’s name B bank account (Account Number C) by using the post office’s house at the Cheongju-dong post office located in Cheongdong-gu, Seodong-gu, Cheongju-si, and notified the non-member of the name card and the password of the above bank card through D.

Accordingly, the Defendant promised to borrow a means of access used in electronic financial transactions to receive compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation (a confirmation of financial information);

1. Application of Acts and subordinate statutes to a transfer statement, B bank account information statement, and transaction statement;

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