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(영문) 수원지방법원 안산지원 2019.05.22 2019고단756
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

Except as otherwise provided for in any other Act, no one may lend a means of access to any electronic card used in electronic financial transactions and other means of access, such as an electronic card, electronic information equivalent thereto, certificate, password, etc., upon request or promise, unless otherwise provided for in any other Act.

Nevertheless, the Defendant received a proposal from his name-free person, stating that “If he lends a bank account for five days, he will pay three million won.” On January 17, 2019, the Defendant sent a bank debit card (Account Number D) under the name of the Defendant to his name-free person and notified him of the above debit card number by telephone.

Accordingly, the Defendant promised to receive and lent the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the detailed statement of transfer of damaged funds, and statutes on the issuance of 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 conditions indicated in the record, including the fact that the defendant's reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects his mistake and has no record of being punished for the same kind of crime, etc., shall be determined as ordered.

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