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(영문) 광주지방법원 2020.09.10 2020고정615
전자금융거래법위반
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall receive any consideration and lend any means of access.

Nevertheless, at around February 24, 2020, the Defendant, using the Kakakakao Kakaodi, received a proposal from the person under whose name the “C company’s office was named, “C company,” and received money from the person who wants to purchase the bitco, and then sent it to the buyer.” The Defendant accepted the proposal to the effect that “1.5% of the amount that the bitco was entered into shall be reduced to 1.5% per day, and the bitco card for creating Addi shall be sent to the buyer.” On the following day, the Defendant sent a physical card connected to the deposit account (D) in the name of the Defendant at the place where the Nong Bank was entrusted with 904, Seojin-gu, Gwangju, and sent it to the bitco.

Accordingly, the Defendant lent the means of access to obtain daily income through money transfer, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Details of transactions of agricultural cooperatives under A;

1. Text messages;

1. Application of Acts and subordinate statutes on seized cards;

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant accepted the proposal that “The Defendant would pay 1.5% of the deposited money to Bitcoin in daily currency with money deposited into the Defendant’s deposit account in the name of the Defendant to Bitcoin and to the buyer,” and lent the means of access necessary to make Bitcos purchased to the party in the name of the Defendant.

Although the defendant's means of access, unlike the defendant's intent, has been used for fraud.

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