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(영문) 대구지방법원 서부지원 2018.04.24 2017고단1618

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 transfer or take over any access medium or receive any access medium in return for the promise to receive any consideration, and lend or take over such an access medium.

Nevertheless, on April 13, 2017, the Defendant promised to rent KRW 2 million in front of the Defendant’s residence in Seogu-gu, Daegu-gu, and sent the physical card connected to the Defendant’s name bank account (Account Number: C) to the name-oriented person via Kwikset Service Officer.

Accordingly, the defendant agreed to receive compensation and lent an access medium to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written petition of D;

1. Application of Acts and subordinate statutes on the confirmation of details of transfer of accounts, photographs of the results of transfer, inquiry of customer information of national banks, and details of entry and withdrawal transactions;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of lending media access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act should be strictly punished as a means of other crimes. However, in light of the fact that the Defendant recognized his/her mistake and reflects himself/herself, and that the Defendant has no record of identical crimes and has a previous record of fine, it is ordered as per the disposition.