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(영문) 대전지방법원 서산지원 2019.06.19 2019고단212
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

On December 6, 2018, the Defendant: (a) received a proposal from a person without a personal name, stating that he/she will pay a loan to the pertinent account if he/she sent a e-mail card to pay the monthly interest; (b) around 19:00 on December 8, 2018, the Defendant sent a letter of e-mail card connected to the Dbank account (E) in the name of the Defendant to the Kwikset service provider, and delivered it to the Kwikset service provider.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of a receipt for account transfer, a search and seizure warrant and reply, and investigation reporting statutes;

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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