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(영문) 대전지방법원 2019.01.28 2018고단4157
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall commit any act of lending the means of access in return for promising the acceptance of consideration.

Nevertheless, on May 8, 2018, the Defendant accepted the proposal to the effect that “The Defendant would give 1.2 million won in return for the loan of the e-mail card to the e-mailer who had contacted the e-mailer through the e-mail address.”

Accordingly, the Defendant sent one physical card connected to the account (D) in the name of the Defendant from Daejeon Dong-gu, Daejeon to the address known by the person who was not entitled to the above name, and notified the person who was not entitled to the above name, of the personal identification number G.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written statement of I;

1. Application of each detailed Act and subordinate statutes;

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 fines;

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

1. The reason behind sentencing under Article 334(1) of the Criminal Procedure Act, the fact that there is no same criminal record (five times the number of fines in this case), the fact that it seems that no consideration has been paid, and other factors considered as sentencing sentencing factors under Article 51 of the Criminal Act.

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