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(영문) 창원지방법원 통영지원 2020.07.22 2019고정351
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

In using and managing a means of access, no one shall borrow or lend, keep, deliver or distribute the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around March 12, 2017, the Defendant, who misrepresented the operator of an illegal sports earth company, accepted the proposal that “on the face of lending a physical card connected to the account in the name of the principal, if he lends it, he will pay 2 million won per month per account in return.” On the same day, the Defendant sent Kwikset service articles, who sent the name in front of the Babel, to the Defendant’s name in the name of the national bank account (Account Number: C) and the post office account (Account Number: D) respectively.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of victim;

1. Application of Acts and subordinate statutes on response to financial transaction information;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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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