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(영문) 대전지방법원 서산지원 2018.11.28 2018고단1110

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 provided for in any other Act, no one shall lend any access medium with the promise of compensation in using and managing the electronic financial transaction access medium.

On July 18, 2018, the Defendant: (a) received a proposal from a person without his/her name to “to give a loan if he/she sent the e-mail card”; (b) issued a letter of e-mail card connected to the C (D) bank account in the name of the Defendant to Kwikset at the 631 p.m. 631 p.m. of the e-mail, which was linked to the C (F) bank account in the name of the Defendant.

As a result, the Defendant promised to receive intangible expected profit from future loans and lent the access media to the name infinites.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to file a petition, details of transfer, and details of warrant replies;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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;