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(영문) 대구지방법원 2019.09.24 2019고단3722

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

In using and managing a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certification certificate, password, no one may borrow or lend a means of access while receiving, requesting or promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, on May 13, 2019, the Defendant received a proposal from an unsatisf and accepted it to the effect that “The e-mail card to be used for the purpose of tax reduction and exemption will be given 600,000 won per day,” from an unsatisf, and then sent a copy of the e-mail card connected to the D Association account (Account Number: E) in the name unsatisfying agency located in Daegu Northern-gu B, Daegu-gu around the 13th of the same month.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of statutes on the detailed statement of deposit transactions in the bank account under the victim's name;

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