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(영문) 부산지방법원 동부지원 2019.08.21 2019고정278

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one may lend the means of access while receiving, demanding or promising any compensation in using or managing the means of access under the Electronic Financial Transactions Act.

Nevertheless, at around November 2018, the Defendant received a proposal from a person who has no personal name to "be awarded KRW 2.4 million per 3 days per physical card if he/she lends the physical card" from the person who has no personal name, and consented thereto, and sent one physical card connected to the D Association (E) accounts under the name of the Defendant in Busan Dong-gu, Busan, and notified the password of the above physical card.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The document of F;

1. Application of the new Acts and subordinate statutes on warrants;

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. The sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order shall be determined as follows: (a) considering the Defendant’s health condition (a mental disorder), financial status (underlying recipients), criminal records (no same kind of force), circumstances after the crime, etc. (a fine of KRW 3 million, a fine of KRW 1 million for an order of summary, and a fine of KRW 1 million for an oral prosecutor) for the reason specified in the sentence;