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(영문) 부산지방법원 동부지원 2019.02.14 2018고단2248

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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, on June 29, 2018, the Defendant received a proposal from a nameless person that “if the head of the Tong lends a e-mail card because of alcoholic beverages without data, the head of the Tong would give KRW 270,000,000,000 from the nameless person,” and accepted the proposal, and sent the e-mail card connected to the B account in the name of the Defendant using the e-mail card to the nameless person, and notified the account number and password.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written complaints and statements of the draftD;

1. Application of the provisions of Acts and subordinate statutes to the interviewed data, deposit certificate, B reply data (financial account transaction details), investigation report ( Results of search, seizure and verification warrant reply), and reply data;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, where an electronic financial transaction is leased, the safety and reliability of the electronic financial transaction may not be undermined, but may be abused for other crimes such as Bosing, etc. Therefore, it is necessary to strictly punish the means of access. In fact, the fact that the means of access leased by the Defendant was used for the crimes of Bosing is disadvantageous.

However, it is favorable for the defendant to recognize the facts charged and seriously reflects the facts charged, the defendant seems to have no profit acquired by the crime of this case, and the defendant has no record of punishment for the same crime.

In addition, this case's age, character and conduct, environment, means and results of crimes, and circumstances after crimes, etc.