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(영문) 대전지방법원 천안지원 2019.09.25 2019고단1764

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 the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On February 11:38, 2019, the Defendant received a proposal from a person without his/her name, to the effect that “for daily allowances to recruit staff to manage illegal sports earth’s bulletin board, the Defendant sent a physical card if he/she intends to work as a staff member of 200,000 won,” and accepted the proposal, and around March 3, 2019, at around March 16:30, 2019, a physical card connected to the B bank account (C) in the name of the Defendant in the name of the Defendant in the building area in Gwangjin-gu, Seoul Special Metropolitan City.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written complaints and statements of D;

1. Application of Acts and subordinate statutes to reply to the execution of seizure warrants;

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 regarding the provisional payment order requires consideration of the following: (a) the occurrence of fraudulent damage by using the means of access leased by the accused; (b) the damage was not recovered; (c) the accused led to the instant crime; and (d) the accused is against himself/herself; and (c) the accused