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(영문) 대전지방법원 서산지원 2019.01.16 2018고단1215
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 transfer or request or promise to provide for compensation in the use and management of a means of access under the Electronic Financial Transactions Act.

Nevertheless, around August 16, 2018, the Defendant, via B, posted a notice to the effect that “the Defendant would pay KRW 400,000 per day when lending a casino entry card for more than two months at one week,” and agreed to contact the name-free persons who posted the notice to lend his/her body card, etc., and then, at the D Customer Center located in Gyeonggi-si, Gyeonggi-si, the same day, around 17:30 of the same day, the Defendant sent one copy of the E-bank C Card under the name of the Defendant (Consolidated Account:F) to the name-free persons through Kwikset Service, notified the name-free persons of the password and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes on transaction confirmation;

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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