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(영문) 대전지방법원 서산지원 2019.03.28 2018고단1392
전자금융거래법위반
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Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

On August 2018, the Defendant: (a) received a proposal from a person in non-name to the effect that “an account is required to deposit liquor prices in order to lower the amount of taxes of a liquor company; (b) 3 million won per unit in return for the three-day use of the physical card, if sent; and (c) around August 26, 2018, the Defendant provided Kwikset cards connected to the D Association account (E) in the name of the Defendant before C Hospital Elevator located in Siljin-si, and lent the means of access by delivering it to Kwikset service engineers for consideration.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The Kakaook dialogue with persons who are named in the name of the handicapped;

1. The details of account transfer receipts and G securities account transactions;

1. Investigation report (Warrant 6525 reply - D Association and H Bank);

1. Application of the Acts and subordinate statutes governing the DDR (A Account);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the act of lending the means of access, such as the instant case, can be abused as a means of another crime; the actual fact that the means of access leased by the Defendant was used for the crime of fraud; however, the fact that there was no criminal record other than the fine of KRW 500,000 as a crime of fraud in 199, the fact that there was no criminal record other than the fine of KRW 500,000,000,000 as a crime of fraud; and the sentencing conditions indicated in the records of the instant case, including the background,

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