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(영문) 대구지방법원 2017.09.21 2017고단4287

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

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium to use or manage any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions by requiring or promising to receive any consideration, unless otherwise provided for in any other Act.

Nevertheless, around 10:00 on June 16, 2017, the Defendant: (a) received a proposal from a person without his/her name to “be given 10% of the deposit amount per week by lending the passbook or card for a day; and (b) lent the access media in electronic financial transactions by sending a copy of the physical card connected to the Daegu Bank Account (Account Number B) in the name of the Defendant at the Dong-gu High Bus Terminal located in Daegu-dong-dong, Daegu-dong, Daegu, Daegu, around 18:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy and written statement of the C Preparation;

1. Application of the Acts and subordinate statutes on the details of financial transactions, deposit receipts, search and inspection warrants and replies;

1. Relevant legal provisions on criminal facts, Articles 49 subparag. 2 and 6 subparag. 3 subparag. 2 of the Act on Electronic Financial Transactions for the Selection of Punishment, and Selection of Fines (Article 49 subparag. 3 subparag. 2 of the Act on Electronic Financial Transactions) (Article 6 subparag. 3 of the Act on Electronic Financial Transactions (Article 49 subparag. 3 of the Act on Electronic Financial Transactions, including the fact that the social harm of the crime of this case is heavy and the access media that actually leased by the defendant was used for the crime, but is not less than the nature of the crime, but is against the mistake of the defendant

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;