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(영문) 부산지방법원 동부지원 2019.09.25 2019고정362
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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, around October 2018, the Defendant, with the proposal that “I would pay rent of KRW 800,000 per day on the face of the week from the lease of the account to an importing alcoholic beverage distributor” from a person who assumes the position of an employee of an alcoholic beverage distributor, sent a physical card connected to the name weak via a elective engineer at the office near the Busan Dong-gu B market on October 22, 2018, and notified the account number and password to the name poor through a elective engineer at the office near the Busan Dong-gu B market.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the G Transfer Certificates-Related Acts and subordinate 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 portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. On October 2018, the Defendant: (a) received a proposal from a nameless person who assumes the position of an employee of a liquor distributor, and consented to a lending fee of KRW 800,000 per day from the week on which the account is leased; (b) around 12:00 on October 22, 2018, the Defendant sent one check card connected to the nameless person through the nameless person’s bank account under the name of the Defendant at the Busan Dong-gu B market’s neighboring C office; and (c) notified the account number and password.

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

2. As evidence corresponding to the above facts charged, only a statement is made by the defendant in the court and the investigative agency, and there is no other reinforced evidence.

Therefore, this part of the facts charged is without proof of crime.

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