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(영문) 대전지방법원 천안지원 2019.02.15 2018고단2619
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Except as otherwise provided for in any Act, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of electronic financial transactions in receiving, demanding or promising any compensation.

Nevertheless, on August 9, 2018, the Defendant received a proposal that “I will use 3 days if I lend a e-mail card for the purpose of tax reduction and exemption, I will use 2.4 million won in total.” On the same day, I sent a e-mail card connected to the Defendant’s name bank account (F) to the designated address by using 17:30 on the same day, I sent the e-mail card to the designated address, and notified the password by B text message.

As a result, the Defendant promised to receive compensation and lent the means of access to electronic financial transactions to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A personal information inquiry document received from the E bank;

1. The certificate of transfer of electronic financial transactions A;

1. Application of the B communications-related Acts and subordinate statutes submitted by A;

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. In light of the fact that the crime of transfer or lending of the means of access under the Electronic Financial Transactions Act with the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not only detrimental to the security and reliability of electronic financial transactions, but also becomes a means to facilitate other crimes, the case is not easy, and the means of access provided by the defendant was actually used for the crime, on the other hand, the defendant led to the confession and reflect of the crime in this case, and there is no record of criminal punishment against the defendant.

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