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(영문) 대구지방법원 2019.01.15 2018고단4976

전자금융거래법위반

Text

Defendant shall be punished by a fine of seven 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, around March 20, 2018, the Defendant received a proposal from the Defendant in the Defendant’s residence located in Daegu North-gu, Daegu-gu, that “If he lends 3 million won a physical card necessary for tax reduction or exemption for three days, he would pay 3 million won to the Defendant.” At that time, the Defendant sent one physical card connected to the D Association account in the name of the Defendant in the above place to Kwikset service.

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. The police statement concerning F;

1. Certificates of transaction and details of account transactions;

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;