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(영문) 광주지방법원 2019.03.20 2018고정1105

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access while receiving, demanding or promising to receive any consideration in doing financial transactions or using and managing a means of access, such as an electronic card and password, which is used to make a transaction request or to secure the authenticity and accuracy of users and transaction details.

Nevertheless, at around 18:00 on July 2, 2018, the Defendant issued a copy of the e-mail card, which is linked to the Cbank account (number D) opened in the name of the Defendant through Kwikwikset Service Articles, to the effect that “If the e-mail card is lent for three days to permit the use of the e-mail card to reduce taxes of liquor companies, the Defendant would bring the 2,800,000 won in return for the lending of the e-mail card.” In that place, the Defendant issued the e-mail card to the e-mail and notified the above e of the password number of the e-mail card.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on the entry into and withdrawal from personal financial transactions;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense; selection of fines;

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;