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(영문) 대구지방법원 2018.05.29 2018고단1195

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

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while demanding, demanding or promising the consideration in using or managing an electronic card used in electronic financial transactions, electronic information equivalent thereto, certificate, password, etc.

Nevertheless, on January 15, 2018, the Defendant needs to make funds transactions with private soil from the person in an influence of name in the influence area of the Daegu Metropolitan City (Seoul Metropolitan City) or below.

The phrase “to provide KRW 4 million per the Jeju-Myeon account by lending the head of the Tong” received a proposal and consented thereto, and thereafter, on January 16, 2018, at the Defendant’s residence located in the 13:00 Daegu Metropolitan City, Seogu B and 101, the head of the Tong sent two copies of the Postal Card which are linked to the bank account (Account Number: C) and the Saemaul Bank Account (Account Number: D) and the number of account numbers to the Defendant.

In this respect, the defendant promised to pay for, and lent the access media to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes governing certificates of deposit 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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;