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(영문) 부산지방법원 동부지원 2019.03.27 2019고단8
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000. If the Defendant fails to pay the said fine, then 100.

Reasons

Punishment of the crime

No one may lend the means of access while receiving, demanding or promising any compensation in using or managing the means of access under the Electronic Financial Transactions Act.

Nevertheless, around May 10, 2018, the Defendant received a proposal from a person without his name who was named in the name of the captain of Busan-gun B building, that “on the basis of lending a e-mail card to the manufacturer of alcoholic beverages, the Defendant would give KRW 300,000,000 per 3 days per head of the e-mail” and accepted it, and sent e-mail card two linked to the post office account (C) and D bank account (E) under the name of the Defendant to the person with no name and notified the account number and password to the person with no name.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. A written statement of I;

1. Details of transactions, account transfer statements, and post offices C details of transactions;

1. Written response of the D Bank;

1. Application of J dialogue-Related Acts and subordinate statutes

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

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 for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant promised to pay and the victims of fraud using the means of access who used the means of access who used the means of access, etc. are not minor.

However, the sentencing conditions indicated in the records of this case, such as the defendant's recognition of the crime of this case, the first offender, the defendant's age, character and conduct, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following factors.

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