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(영문) 대전지방법원 천안지원 2019.07.12 2019고단514
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

No person may lend the means of access to an electronic financial transaction while receiving, demanding or promising any consideration.

Nevertheless, around December 13, 2018, the Defendant received a proposal from a person who was unaware of the name claiming “B Company C”, to the effect that “on the face of the lending of the e-mail card, 1.2 million won will be paid at the fee of 3 days for the lease of the e-mail card” through text messages and DNA hosting. On January 14, 2019, the Defendant sent a copy of the e-mail card connected to the bank account (H) in the name of the Defendant to the above-mentioned person.

As a result, the Defendant promised to pay for, lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. Details of transfer;

1. Application of investigation reports (in addition to materials submitted by a suspect), investigation reports (in cases of specification of the date and place of crime in A), and 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. In light of the fact that the crime of transferring or lending 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 that facilitates any other crime, the case is not easy, and the means of access provided by the defendant has been actually used for the crime, on the other hand, the defendant confessions and reflects the crime in this case, and has no criminal record against the defendant, and other circumstances revealed in the records and arguments in this case shall be determined as ordered.

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