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(영문) 부산지방법원 동부지원 2019.11.27 2019고정571
전자금융거래법위반
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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

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant, at around 17:00 on April 4, 2019, received a proposal that “The head of the B team is the head of the B team, and there is a need to divide the foreign co-owners’ investment earnings to pay them into the account in order to reduce corporate tax. If a cash card is sent, KRW 2.4 million shall be paid on the condition that it will be used for two days per page, and the cash card will be returned in accordance with the direction of the person who has not received the name.”

7. He sent, before the defendant's office located in Busan Nam-gu, a post office account (Account Number F) in the name of the defendant, and the post office card linked to the defendant's father G account in the name of the defendant's father G (Account Number H) through Kwikset service article, and sent a password of each of the above accounts to the defendant's name poor by telephone.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Written petition by J;

1. Certificates of deposit;

1. Search, seizure, verification warrant and reply;

1. Details of the accounts in the name of G;

1. Application of the Acts and subordinate statutes of the K communications content;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. In light of the reasoning for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Criminal Procedure Act, inasmuch as punishment imposed by a summary order is not deemed to be imposed on the Defendant in light of the following: (a) the amount of fraud damage caused by the Defendant’s lending of the instant physical card is up to KRW 13.5 million; and (b) the Defendant’s lending of each of the instant physical cards,

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