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(영문) 대전지방법원 천안지원 2019.11.27 2019고단716

전자금융거래법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

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 18, 2018, the Defendant: (a) received a proposal from a nameless person who referred to B’s agency as “B’s agent through text messages to “I are alcoholic beverages companies due to tax reduction or exemption; (b) 30,000 won in return for the lending of the physical card; and (c) 30,000 won in total; and (c) lent one physical card connected to the Defendant’s account of community credit cooperatives (F) in the name of the Defendant through the Kwikset service article located in Dong-gu, Dong-gu, Chungcheongnam-gu; and (d) on the same day, notified the password.

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

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Application of text messages to Acts 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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the damage caused by fraud using the means of access leased by the defendant; (b) the damage was not recovered; (c) the defendant recognized the crime of this case; and (d) the fact that the defendant has no same power