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(영문) 대구지방법원 2014.02.13 2013고정2897

전자금융거래법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person shall lend "means of access", such as an electronic card, used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of transactions in return for any consideration.

Nevertheless, on April 18, 2013, the Defendant received a proposal from a person (one-name C) whose personal information is unknown prior to the Jinju-si, to the effect that “on lending the passbook and cash card, the Defendant would pay 1.80,000 won per day when using the passbook and cash card,” and then lent the means of access by delivering each passbook and cash card in the name of the Defendant’s agricultural bank account (D) and the national bank account (E) to the home-based engineer sent by the said C.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (the attachment of a detailed statement of account transactions, etc. submitted by a victim, and the confirmation of receipt account management point

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.