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(영문) 창원지방법원 2019.01.16 2018고단2995
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

No person shall, with respect to the use and management of a means of access, borrow or lend the means of access while demanding, demanding or promising compensation therefor, or knowingly borrow or lend the means of access for the purpose of using it for a crime or having knowledge that it is to be used for a crime.

Nevertheless, around May 2018, the Defendant leased an account to be used as a game money exchange passbook to operate a sports earth site. In return for the lending of the e-mail card and password to three days, the Defendant listened to the phrase “3,00,000 won in one account, and 6,90,000 won in two accounts,” and around May 29, 2018, the Defendant sent one e-mail card connected with the c bank account in the name of the Defendant in the Defendant’s residence at Kim-si, Kim-si, Kim-si’s residence through Kwikset (D) service, and sent the password to E-mail.

As a result, the Defendant committed an act of lending a means of access to another person while promising to receive compensation, and at the same time, lent a means of access to another person with knowledge of being used for a crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on response materials by financial institutions;

1. Relevant Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts (the point of lending a means of access to a means of access to a price promise) and Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act (the point of lending a means of access knowing that criminal facts are to be used for a crime);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

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