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(영문) 부산지방법원 동부지원 2019.05.02 2018고단2590
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

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 18:00 on September 5, 2018, the Defendant received a proposal from a person who has no name to the name of the C Bank’s articles of incorporation, stating that “if the C Bank’s certificate is lent to a liquor company for the purpose of saving, it would give KRW 3 million per 3 million per 3 days if the C Bank’s certificate is lent to a liquor company,” and accepted the proposal, and sent the C Bank card connected to the D Bank’s account under the name of the Defendant using Kwikset Services to the person who has no name, and notified the account number and password.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of statutes concerning the provision of financial transaction information;

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. Although the error of the defendant for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not less than that of the defendant, the sentence shall be determined as ordered in consideration of all the conditions of sentencing, including the defendant's age, environment, means and result of the crime, circumstance after the crime, economic situation, etc.

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