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(영문) 대구지방법원 상주지원 2019.11.29 2019고정908
전자금융거래법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

No person shall lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.

Nevertheless, on July 15, 2019, the Defendant received a proposal from Kwikset Service Articles who sent a physical card that is linked to the account under the name of the Defendant to Kwikset Service Articles, and the password was sent to Kwikset Service Articles, which is linked to the account under the name of the Defendant (D) on July 16, 2019.

As a result, the Defendant promised to receive compensation from a person with no name, and lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The document of F;

1. Application of Acts and subordinate statutes on transfer;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts (the point of lending the means of access to electronic financial transactions);

1. Selection of an alternative fine for a punishment (including the fact that he/she commits an error, 20 years of age, pregnancy, and absence of previous error), etc.;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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