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(영문) 대전지방법원 2018.07.20 2018고정447

전자금융거래법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall lend an access medium while receiving, demanding or promising to receive compensation in using or managing the access medium.

Nevertheless, on October 28, 2017, the Defendant used bus freight transport services at the Daejeon High-speed Bus Terminal located in the Dong-gu Daejeon Special Metropolitan City, Daejeon, to lend a bus freight transport service to the account, and to receive cash withdrawal from the name in the account, and to receive KRW 600,000 per day from the account in the name of the Defendant’s name, and sent a check card connected to the post office account (C) in the name of the Defendant, and notified the account number and password to the name in the name of the Defendant through the Kakao Stockholm message.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. He/she promised to receive money when he/she comes to work, to close down the details of his/her mobile phone text, conduct financial transactions with him/her, and revolving new data (a defendant promises to receive money when she comes to work);

However, the application of the law to the case where the defendant decided to deposit money into his account is merely a remittance to a third party, and it appears that the defendant first received a certain amount at the cost of knowing it (Evidence No. 13). Ultimately, the defendant's promise to receive a payment for the transfer of the account is deemed to have been promised to receive a payment for the transfer of the account).

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding 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;