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(영문) 서울남부지방법원 2019.08.16 2019고단2513
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing the means of access, no one may borrow or lend the means of access while receiving, demanding or promising any compensation for any means of access, unless otherwise specifically provided for in other Acts.

Nevertheless, at around 15:00 on March 25, 2019, the Defendant received a proposal from the person under whose name the name the “CD director” assumes in Geumcheon-gu Seoul building, the first floor, and the name the “CD director”, and then changed the transfer of the e-mail card in the name of the principal to be used at the time of repayment of the loan,” and then included one e-mail card connected to the e-bank account in the Defendant’s name for the purpose of receiving the loan, and then made the above e-mail card available to the person under whose name the above card was posted.

As a result, the Defendant promised to lend a means of access used in electronic financial transactions to another person in return for an intangible benefit that can receive a future loan.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Application of A E bank transaction photographs, AG conversation photographs, details of deposit transactions, and copies of a written petition to 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized his mistake and stated himself at the police station, and the defendant is the primary offender who has no record of criminal punishment; the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and the records and the circumstances shown at the trial, including the circumstances after the crime, etc., shall be determined as ordered.

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