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(영문) 대전지방법원 천안지원 2019.02.22 2018고단2948
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 shall, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, the Defendant, on August 21, 2018, received text messages and B, from a person whose name is unknown, a proposal stating that “If he/she lends a e-mail card to a company for the reduction of or exemption from taxes for three days, he/she will offer KRW 2.4 million per page.” At around 15:10 of the same month, the Defendant, at around 27:10 of the same month, sent the e-mail card connected to the bank account (Account Number F) in the name of the Defendant to “G” designated by the said person through the e-mail, and lent the means of access by sending the e-mail card to B and informing the password.

Summary of Evidence

1. Defendant's legal statement;

1. H’s petition;

1. Application of Acts and subordinate statutes, such as a certificate of deposit transaction results, text message, and B-cap photographs;

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 record of criminal punishment for the defendant, and other circumstances revealed in the records and arguments in this case, the punishment shall

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