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(영문) 대전지방법원 천안지원 2019.07.05 2019고단671
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

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, on December 2018, the Defendant received a proposal from a person who was named as Kwikset B’s agent in the name-based text message, that “ he manages employees’ benefits, and is subject to tax reduction or exemption. If he/she borrowed a cke card, he/she will use it only 30 days in return for the lending of 30,000 won per day, and offer a total of 2,100,000 won per day in 70,000 won per day.” On the beginning of the same month, the Defendant lent one cke card connected to the d bank account (E) in the name of the Defendant to Kwikset service engineer in the second place in the Seo-gu, Seoan-gu, Seoan-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to written confirmation of transfer transactions and written provision of financial transaction information;

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. In light of the fact that the crime of transferring or lending the means of access under the Electronic Financial Transactions Act with the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not only detrimental to the security and reliability of electronic financial transactions, but also becomes a means that facilitates any other crime, the case is not easy, and the means of access provided by the defendant has been actually used for the crime, on the other hand, the defendant confessions and reflects the crime in this case, and has no criminal record against the defendant, and other circumstances revealed in the records and arguments in this case shall be determined as ordered.

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