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(영문) 창원지방법원 2020.04.16 2019고단3821
전자금융거래법위반
Text

Defendant shall be punished by a fine of four 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 compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on August 6, 2019, the Defendant accepted a proposal that “I will pay 2.1 million won to the company selling alcoholic beverages, intending to pay taxes, and use the check card in the name of the party for three days, with a rent of 2.1 million won for the purpose of using the check card in the name of the party.”

8. Around 16.16. Around the defendant's residence Kimhae-si B and C, Kwikset service article, one physical card connected to the National Bank's account (Account Number: D) in the name of the defendant, was issued to the defendant, and the password was notified to the Kakao Stockholm.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on account transaction details and Kakao Stockholm dialogue details;

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;

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