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(영문) 대전지방법원 천안지원 2019.03.21 2018고단2933

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 shall, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

On January 8, 2018, the Defendant: (a) called “B leader” from a person who is unable to know the name of “B leader”; (b) received money from a construction company leader and from a company; (c) received money from a company account; (d) received money from a company account; (e) around February 8, 2018, the Defendant promised to receive and lent the means of access by sending the account number and password to the said person via Kwikset Bank’s account (Account Number E) from the first floor of the department store in Seo-gu, Seoan-gu, Seoan-gu, Incheon, Incheon, through Kwikset Bank’s account (Account Number E).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to certificates of deposit transaction;

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 sentencing ground of Article 334(1) of the Criminal Procedure Act for the provisional payment order arises with respect to a fraudulent crime committed using the means of access leased by the accused: Provided, That consideration is given such as the primary offender;