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(영문) 부산지방법원 동부지원 2019.03.15 2018고단2568
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 may lend the means of access while receiving, demanding or promising any compensation in using or managing the means of access under the Electronic Financial Transactions Act.

Nevertheless, around 19:00 on June 18, 2018, the Defendant received a proposal from a name-free purchaser to the effect that “I would give KRW 3,00,000,000 to the Korean bank account (D) in the name of the Defendant, if I would lend the e-mail card to a non-concept money exchange company for the purpose of saving the e-mail,” and accepted the proposal, and sent the e-mail card connected to the Korean bank account (D) in the name of the Defendant, using Kwikset Services, and notified the account number and password.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the response statutes to requests for information on financial transactions;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The safety and reliability of electronic financial transactions may be harmed when lending the means of access to electronic financial transactions, as well as may be abused for other crimes, such as singinging, etc.; thus, the circumstances favorable to the necessity for strict punishment: the defendant is the first offender and appears to reflect his/her attitude; further, the defendant’s age, character and conduct, environment, motive and consequence of the crime, and various sentencing conditions in the trial process of this case, including the circumstances after the crime, shall be determined as per the order.

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