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(영문) 부산지방법원 동부지원 2019.01.31 2018고단2196
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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, on May 15, 2018, the Defendant: (a) received a proposal that “small-scale customer price without a business registration for a reporter to reduce alcoholic beverages tax is collected from the personal account and deposited in cash after receiving cash payments. The rent is KRW 700,000 per account after the settlement of accounts at 6 p.m. on the date of using the card; (b) KRW 800,000 won per second day; (c) KRW 90,000 on the third day; (d) KRW 1 million on the fourth day; and (c) KRW 3,40,000 won on the fourth day.” On May 16, 2018, the Defendant sent the physical card connected to the account under the name of the Defendant from Busan Dong-gu, Busan, through Kwikset service; and (d) 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 Acts and subordinate statutes to a petition, warrant correspondence data (A), report on internal investigation (Attachment of F dialogue photographs);

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 where an electronic financial transaction is leased, not only the security and reliability of the electronic financial transaction may be harmed, but also the abuse of the means of access for other crimes such as Bosing, etc. Therefore, it is necessary to strictly punish the means of access. In fact, the fact that the means of access leased by the Defendant is used for the crimes of Bosing

However, there is no benefit acquired by the defendant as a result of the instant crime.

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