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(영문) 서울동부지방법원 2019.07.09 2019고정510
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

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.

Nevertheless, around July 2018, the Defendant received a proposal from a person whose name as an employee of an alcoholic beverage company is not known to the Defendant that “if sending the check card to be used, he will use it for three days and pay the fee of KRW 2,100,000 for it.” On July 23, 2018, the Defendant sent the check card to a person whose name is not known by way of door-to-door service connected to the Defendant’s bank account (D) in Songpa-gu Seoul Metropolitan City B market.

Accordingly, the Defendant promised to borrow the means of access for electronic financial transactions at a price.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The document, written statement, and statement of transfer of damage amount of E;

1. Application of Acts and subordinate statutes to a report on internal investigation (a warrant for search, seizure and inspection (2018-3874) as a result of partial reply to execution -1);

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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