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(영문) 대구지방법원 서부지원 2018.09.19 2018고단417

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 transfer or take over any access medium or lend or take over such an access medium in return for payment.

Nevertheless, on January 4, 2018, the Defendant sent a e-mail card at the convenience store located in Daegu, the Defendant received a proposal from a person under whose name the head of the e-mail passbook would be opened, and sent a one copy of the e-mail card connected to the B bank account in his name to a person under whose name the e-mail card was sent.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing deposit certificate;

1. Relevant Articles 49(4)1 and 6(3)1 of the Act on the Electronic Financial Transactions and Trade, and the selection of fines for criminal facts (including the fact that the defendant is against himself/herself at the time of committing the instant crime, the first crime, the number of transferred access media, and other circumstances shown in the instant argument);

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;