beta
(영문) 대구지방법원 2019.01.15 2018고단4385

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access.

Nevertheless, around June 10, 2018, the Defendant issued a proposal to the effect that “the Defendant is engaged in the work related to the Ministry of Oceans and Fisheries, and there is a need for another person’s account due to tax issues. If the Defendant borrowed the four accounts, he will use it for 4 days and pay 2.5 million won as the loan fee.” At that time, he sent the physical card connected to the B bank account (C) in the name of the Defendant using the convenience store distribution service.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Application of Acts and subordinate statutes on financial transaction records;

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;