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(영문) 대전지방법원 공주지원 2020.02.07 2019고단482
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 a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certification certificate, password, no one may borrow or lend a means of access while receiving, requesting or promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, on April 11, 2019, the Defendant received a proposal from a person who was unaware of his name to the effect that “I will use for 15 days and offer KRW 3 million if I will use the C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-S-S-C-S-S-S-S-C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

Accordingly, the Defendant lent the means of access used in electronic financial transactions while receiving compensation.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of account transactions in the name of D bank;

1. Application of the Kakao Stockholm 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 sentencing grounds of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the Provisional Payment Order shall be determined as set forth in the Disposition, comprehensively taking into account the following: (a) the Defendant’s mistake and reflects the fact that there is no actual criminal record; and (b)

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