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(영문) 창원지방법원 밀양지원 2020.05.28 2019고정144
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

No one shall provide any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction with or promise to provide or receive any consideration therefor.

Nevertheless, around April 29, 2019, the Defendant received a proposal from a nameless person who misrepresented as B, that “if you send a physical card, you will execute the loan” and accepted it, and around the 30th day of the same month, the Defendant sent a physical card connected to the post office account (E) under the name of the Defendant to the nameless person by using a one copy of the physical card connected to the post office account (E) under the name of the Defendant.

Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on criminal place, text received, telephone conversations, each Kax dialogue, one’s financial transaction (influences), G transaction details, and A transaction details;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The assertion and judgment of persons involved in the litigation under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The Defendant and his defense counsel’s arguments are merely given a e-mail card by obtaining a loan proposal from a name-free person, and it cannot be deemed that the means of access was leased, with the promise of compensation as prohibited by Article 6(2)3 of the Electronic Financial Transactions Act.

2. “Lending a means of access” under Article 6(3)2 of the Electronic Financial Transactions Act refers to the act of lending a means of access so that any other person may temporarily use the means of access without managing and supervising the user of the means of access when receiving, demanding or promising to receive compensation. “Price” means lending the means of access.

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