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(영문) 수원지방법원 2019.06.27 2019고정575
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

No person shall, in using and managing a means of access, borrow or lend the means of access in exchange for any request or promise to receive, request or promise any compensation therefor.

Nevertheless, at around 16:40 on January 8, 2018, the Defendant issued a proposal to the effect that “Korea is a sports-related company D, and if an individual account to be used in the course of tax processing is lent for 5 days between 5 days and 3.5 million won, 3.5 million won shall be paid as usage fees” from his name-free persons, and in response, the Defendant sent one physical card connected to the E (F) account in the name of the Defendant to the non-known person, and notified the password by telephone.

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

Summary of Evidence

1. Each police interrogation protocol of the accused and G;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of seized objects photographs), investigation reports (the details of check cards in the name of another person held by the suspect G at the time of arrest);

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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