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(영문) 대전지방법원 2019.05.09 2019고정132
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the nominal owner of a post office account (B).

No person shall borrow or lend a means of access, while receiving, demanding or promising compensation, in using or managing a means of access, such as an electronic card or password.

Nevertheless, on October 11, 2018, the Defendant received a text message from a person who was unaware of his/her name to the effect that “if he/she lends an account related to the exchange of high-import soil site monthly, he/she would make profits at least 10% of the exchange amount.” On the said condition, the Defendant promised to receive the price under the said condition and promised to deliver one copy of the passbook linked to the above post office account under the name of the Defendant to the person who was not in the name of the Defendant, and lent it to the person who was not in the name of the deceased, Seo-gu, Daejeon, Daejeon, to notify him/her of the password.”

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of the transfer certificate, internal investigation report (Attachment to the victim's cellular phone photograph), and the statutes governing transaction specifications;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The sentence of the provisional payment order under Article 334(1) of the Criminal Procedure Act and other conditions of the sentencing indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined in full view of the following conditions of the sentencing.

The disadvantageous circumstances: The normal circumstances in which the victim was favorable to the account that the defendant lent: The defendant has no criminal records of the previous case.

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