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(영문) 춘천지방법원 영월지원 2019.06.18 2019고단122

전자금융거래법위반

Text

Defendant shall be punished by a fine of three 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 a means of access, or keep, deliver or distribute a means of access, in exchange for compensation, demand or promise, unless otherwise expressly provided for in other Acts.

Nevertheless, at around 12:27 on November 29, 2018, the Defendant received a text message stating that “(s)C (advertising) and “person in charge: D proxy, contact information: E, H: G, and F: Non-mail Card nationwide regular recruitment for the purpose of saving the amount of corporate tax.” The Defendant received a text message stating that the amount of money to be deposited is KRW 2.1 million per page and the total of 3 days of use (post) from the person in charge of the foregoing in the name of the Defendant’s bank (J) from the person in charge of the foregoing text message, and then received the text message stating that the amount of money to be deposited shall be KRW 2.1 million per page and the amount of money to be collected from the company.” At around 19:30 on the same day, the Defendant sent it to the Defendant’s account number and password to the box, and notified the Defendant of the above text message by making the contact to the person in charge of the foregoing fact.

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

Summary of Evidence

1. Defendant's legal statement;

1. The K's statement;

1. Application of a written confirmation of the results of electronic financial transfer, details of account transactions, and text messages to the Act and subordinate statutes;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Imposition of a fine of KRW 50,000 to KRW 20 million within the scope of the applicable sentences;

2. The sentencing guidelines are not set in the range of recommending sentencing. 3. The Defendant leased the check card connected to his bank account in his name to a person whose name could not be known.

This is not only likely to disturb the financial order, but also to use the account.