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(영문) 창원지방법원 통영지원 2018.06.14 2018고단435
전자금융거래법위반
Text

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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, on August 2017, the Defendant accepted the proposal that “I will offer 600,000 won per account if I lend the e-mail card for two days,” from the nameless person who sent the Defendant’s text message to the Defendant’s mobile phone. On the 31st day of the same month, Kwikset service provider sent the nameless person to B prior to the Kwikset’s bank account (Account Number C).

As a result, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Certificates of deposit transactions;

1. An application for bank transactions;

1. A trading statement;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant Article 49 of the Act and Articles 49 (4) 2 and 6 (3) 2 (a point of lending access media) of the Act on Electronic Financial Transactions and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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