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(영문) 부산지방법원 동부지원 2019.10.30 2019고정359

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

No person may borrow or lend a means of access in receiving, demanding or promising any compensation.

Nevertheless, around August 1, 2018, the Defendant called from a person without a name to "be in need of an account due to three million won per day when lending the account" from a person with no name to the name, and sent the physical card two connected to the Defendant's name to a bank account (B) and a new bank account (C) through Kwikset Service.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a new bank account transaction statement, data submitted (a certificate of results of electronic financial transfer), investigation report (a letter received by A and E);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for 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;