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(영문) 대전지방법원 서산지원 2019.07.10 2019고단318

전자금융거래법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

On November 26, 2018, the Defendant received a proposal to the effect that “the Defendant would give a loan when sending a e-mail card” through B Messen from a person without a name, and issued the e-mail card connected to the company bank account (D) under the name of the Defendant through Kwikset service article at the front of the Kakset City, Seosi-si, Busan, on the same day at around 15:00 on the same day.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes, such as a written confirmation of transfer results, CIF, and specification of transactions;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;