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(영문) 광주지방법원 2019.06.05 2019고단1414
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

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation.

Nevertheless, at around January 22, 2019, the Defendant received a written message stating that “I cannot receive money from I’s account in operating alcoholic beverage businesses. If I lend the card, I would give KRW 800,000 won per day, and KRW 1.8 million if I’s account is used for 3 days, I would give a total of KRW 1,80,000,000.” On January 222, 2019, the Defendant sent a password to I’s nameless person via C’s name-based news.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes of remittance receipt;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

1. Taking into account the following circumstances: (a) recognition of the crime of sentencing under Articles 70(1) and 69(2) of the Criminal Act and reflections on the grounds of sentencing; (b) absence of any previous conviction; and (c) the number of times of lending the means of access was limited to one time; and (d) there is no benefit from the lending.

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