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(영문) 수원지방법원 안양지원 2019.01.08 2018고단1277
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 person shall lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.

Nevertheless, around April 2018, the Defendant received a proposal from a person in non-name to “to offer KRW 150-3 million according to the period of lending the e-mail card,” and accepted it. In addition, the Defendant lent the means of access to the e-mail financial institution through Kwikset Service, which is linked to the Defendant’s post office account (B) before the sick Station in the same month in the same month, in front of the sick Station in the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Application of Acts and subordinate statutes on personal information concerning personal financial transactions and provision of financial information;

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. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (see, e.g., Supreme Court Decision 2000Do3051, Sept. 29, 2000) provides that an act of a person himself/herself under Article 16 of the Criminal Act by mistake that his/her act does not constitute a crime under the law is punishable only when there are justifiable grounds for misunderstanding. However, the purport of Article 334(1) of the Criminal Procedure Act is that an act of a person under Article 16 of the Criminal Act does not constitute a crime under the law if he/she is aware that his/her act does not constitute a crime permitted by the law in general, but there are justifiable grounds for misunderstanding of misunderstanding (see, e.g., Supreme Court Decision 200Do3051, Sept. 29, 200).

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