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(영문) 대구지방법원 2018.04.20 2017고단6894

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall 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 used in electronic financial transactions.

Nevertheless, on June 2017, the Defendant: (a) received a text message from a person who assumes the person who assumes the person “B” to use for tax reduction and exemption, and promised to contact with and receive compensation for the money; and (b) delivered the physical check card connected to the Saemaul Treasury Account (E) in the name of the Defendant in Yongcheon-si, Yongcheon-si.

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

Summary of Evidence

1. Statement by the defendant in court;

1. 각 위 쳇 대화내용, 각 본건 체크카드 사진 등 법령의 적용

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of a selective fine (the defendant reflects on his gender, and considering all the conditions of sentencing, including the fact that the defendant is the primary offender);

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;