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(영문) 대구지방법원 서부지원 2017.07.21 2017고정344

전자금융거래법위반

Text

Defendant shall be punished by a fine of three 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

No person shall lend or lend any electronic financial access medium used in electronic financial transactions for a consideration.

Nevertheless, at around 12:00 on February 1, 2017, the Defendant extended two physical cards connected to the Defendant’s Daegu Bank Account (D) in the name of the Defendant, an electronic financial access medium, and the post office account (E) to the said seller through Kwikset Service, in accordance with the proposal of the liquor seller stating, “If the Defendant lends the physical card to be used to obtain tax reduction or exemption, 600,000 won per day of the physical card”.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of a written request for financial transaction information;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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