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(영문) 대구지방법원 2015.09.18 2015고단3411

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person may lend a means of access for electronic financial transactions in return for any consideration.

Nevertheless, around January 23, 2015, the Defendant received a proposal that “a user fee of KRW 300,000 per head of a Tong shall be paid to the use of a passbook, if the Defendant would allow the use of the passbook.” The Defendant accepted the proposal and delivered one cash card linked to the national bank account (Account Number B) in the name of the Defendant using Kwikset Service.

Accordingly, the Defendant lent the means of access for electronic financial transactions at a price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the relevant Acts and subordinate statutes concerning details of transactions;

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

1. Selection of a selective fine (including the first offender, the second offender, the first one, the fact that only one means of access is leased, and the fact that it appears to be a living crime);

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;