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(영문) 광주지방법원 2019.07.11 2019고단1417

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 person may lend a means of access while receiving, demanding or promising any consideration.

Nevertheless, on January 2019, the Defendant sent a physical card connected to the account of community credit cooperatives (number : D) in the name of the Defendant to the name in accordance with the proposal of the under-paid box stating that “The Defendant would use 800,000 won per day of lending the physical card” at the C office located in Gwangju-gu, Seo-gu, Gwangju, and then sent the password to the name under the name of the accused using the phone, and notified the password via E.

As a result, the Defendant promised to pay compensation and lent the means of access necessary for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Details of account transactions and application of Acts and subordinate statutes of an application for deposit transactions;

1. Relevant Article of the Act on Criminal Facts, Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act for the selection of punishment, and the selection of a fine (in the absence of benefits acquired from the instant crime, and in the absence of records of punishment for the same kind of crime)

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;