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(영문) 대구지방법원 2018.09.21 2018고단2731

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no one shall lend any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction to any access medium while receiving, demanding or promising the consideration.

Nevertheless, on December 2017, the Defendant sent a physical card to be used for tax reduction or exemption from a person in an infinite name who assumes the position of the staff of the liquor company.

The term "Skwikset Card in the name of the defendant in the name of the defendant," and the Ckwikset Card was sent to the defendant in the middle of 13:30 on December 2, 2017, through Kkwikset Service, which is linked to the Saemaul Bank Account (C) in the name of the defendant in the middle of 13:30 on the middle of Gyeongsan City, and lent its access media while promising compensation.

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 on transaction specifications, applications for deposit transaction, and account transaction details;

1. Relevant Article of the Act on Criminal facts, Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions in the Selection of Punishment, and Selection of Fines (Consideration of the fact that the defendant is the primary offender, and reflects his/her mistake);

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.