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(영문) 대구지방법원 2018.04.24 2018고단471

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

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while demanding, demanding or promising the consideration in electronic financial transactions, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, etc.

Nevertheless, the Defendant, at around 22:50 on October 17, 2017, called D main points located in Daegu Dong-gu, Daegu-gu, that he would offer 5% of the deposited money to the gambling site if he/she lends his/her account to the gambling site as a commission, and consented thereto, and then sent it to the new bank account in the name of the Defendant (Account Number: E) and company bank account (Account Number:F) connected respectively to the new bank account in the name of the Defendant and the company bank account (Account Number:F) and lent a medium of access to electronic financial transactions while promising to notify the password of the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on trading specification lists;

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

1. Article 40 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;