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(영문) 대전지방법원 천안지원 2019.07.26 2019고단1001
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person may lend the means of access to an electronic financial transaction while receiving, demanding or promising any consideration.

Nevertheless, at around September 15:25, 2018, the Defendant issued a proposal to the effect that, “A(State) located in Acheon-si, Acheon-si, Acheon-si, Inc., “D,” from a person under whose name the Defendant asserted, “D,” through text messages and E-rating, would lend a physical card to three million won at a fee for three days on the face of lending the card,” and sent a copy of the physical card connected to the Defendant’s name bank account (F) via Kwikkset’s service.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Details of transactions, and response materials from each financial institution;

1. Application of Acts and subordinate statutes for internal investigation reports (A's date and place of crime against suspected violation of the Electronic Financial Transactions Act), investigation reports (Attachment of Suspect A's E message);

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. In light of the fact that the crime of transferring or lending the means of access under the Electronic Financial Transactions Act with the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not only detrimental to the security and reliability of electronic financial transactions, but also becomes a means that facilitates any other crime, the case is not easy, and the means of access provided by the defendant has been actually used for the crime, on the other hand, the defendant confessions and reflects the crime in this case, and has no criminal record against the defendant, and other circumstances revealed in the records and arguments in this case shall be determined as ordered.

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