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(영문) 대전지방법원 천안지원 2019.03.22 2018고단2715
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person may lend the means of access to an electronic financial transaction while receiving, demanding or promising any consideration.

Nevertheless, around March 7, 2018, the Defendant received a proposal from an unfortunateer of the name, who claimed “employee of a liquor company,” to the effect that he/she would give 2,100,000 won at the fee for three days in the face of lending the e-mail card,” through text messages and DNA hosting. On March 8, 2018, the Defendant sent a copy of the e-mail card connected to the e-bank deposit account (F) in the name of the Defendant using Kwikset Service, to the above unfortuer.

As a result, the Defendant promised to pay for, lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of transfer certificates, etc. and text messages to Acts and subordinate 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. The crime of transferring or lending the means of access under the Electronic Financial Transactions Act with the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not only detrimental to the security and reliability of electronic financial transactions, but also becomes a means that facilitates other crimes, and the means of access of this case provided by the defendant is actually used for the crime, on the other hand, the defendant confessions and reflects the crime of this case, and has no record of punishment for the same crime, and all other circumstances revealed in the records and arguments of this case shall be determined as ordered.

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