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(영문) 의정부지방법원 고양지원 2019.02.15 2018고단3137
전자금융거래법위반
Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. No person who promises to receive compensation shall lend the means of access under the Electronic Financial Transactions Act to any other person;

Nevertheless, at around 14:25 on April 16, 2018, the Defendant received a proposal that “If he/she lends a physical card for seven days, he/she shall pay KRW 3 million per sheet to him/her, if he/she lends the physical card to him/her for seven days.” In addition, the Defendant sent a copy of the physical card connected to the account under the name of the Defendant E (F) that is the means of access.

Accordingly, the Defendant promised to receive compensation and lent the means of access under the Electronic Financial Transactions Act.

2. In promising to receive compensation, Defendant B may not lend the means of access under the Electronic Financial Transactions Act to another person.

Nevertheless, at around 10:00 on April 11, 2018, the Defendant received a proposal that “if he/she lends a physical card for 10 days, he/she shall pay KRW 800,000 per sheet, if he/she lends it to 10 days” stores of the second floor of the 12th floor in Gyeyang-gu, Seoyang-gu, Seoyang-gu, J, and provided two physical cards connected to the K bank account (L) and the M bank account (N) in the name of the Defendant.”

Accordingly, the Defendant promised to receive compensation and lent the means of access under the Electronic Financial Transactions Act.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol concerning G orO;

1. Application of Acts and subordinate statutes to internal investigation reports (the verification of the account number by each physical card), investigation reports (Attachment to a suspect B account specification);

1. Defendant A of the pertinent Act on Criminal facts: Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act; Defendant B: Articles 49 (4) 2 and 6 (3) 2 of the said Act;

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendants who choose punishment: Fine.

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The acts in this case, such as the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, impair the safety and reliability of electronic financial transactions.

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