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(영문) 대구지방법원 2018.11.06 2018고단3724

전자금융거래법위반

Text

Defendant shall be punished by a fine of seven 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 borrow or lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium.

Nevertheless, on January 10, 2018, the Defendant is an enterprise with a trade name “C” from a person who has no name but to make a written message, and if the card to be used for the business is insufficient, 2.5 million won will be lent.

On January 17, 2018, after receiving a proposal to the effect that “I”, sent on January 17, 2018, a head of Cze Card connected to the Defendant’s name bank account (Account Number:F) to Kwikset Service.

As a result, the Defendant promised to pay for, lent access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on 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. 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;