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(영문) 대전지방법원 천안지원 2019.05.29 2019고단812
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

Except as otherwise provided for in any other Act, no one shall, in using and managing the means of access in electronic financial transactions, lend the means of access while receiving, demanding or promising any compensation therefor.

On December 28, 2018, the Defendant borrowed the means of access by promising the receipt of the price by sending the physical card linked to the said account to the above account at the Defendant’s residence located in Suwon-si, Suwon-si, by the method of sending it to the above account, the number of price is fixed, and the means of access was lent, upon receipt of a proposal that “to pay KRW 1 million per day for the reduction of customs duties arising from the import process of overseas raw materials.” When lending the card, one million won per day shall be paid per account.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Details of transfer;

1. Application of reply statutes to the execution of a warrant of search, seizure and verification;

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 sentencing ground of Article 334(1) of the Criminal Procedure Act regarding the provisional payment order requires consideration of the following: (a) the occurrence of fraudulent damage by means of access leased by the accused; (b) the damage was not recovered; (c) the accused led to the instant crime; and (d) the accused is against himself/herself; and (c) there was no record of criminal

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