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(영문) 대구지방법원 서부지원 2018.09.12 2018고단340

전자금융거래법위반

Text

Defendant shall be punished by a fine of two 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

No person shall transfer or take over any access medium in using or managing access medium under the Electronic Financial Transactions Act.

Nevertheless, on November 17, 2017, the Defendant would make a loan by accumulating the transaction performance when sending a e-mail card from a person who is not his/her name, in Daegu-gu, Seogu, Daegu-gu. B.

“In receipt of the proposal, I sent one physical card connected to the D Bank Account (E) in the name of the Defendant via Kwikset Service to the said name in return for the transfer of an access medium under the Electronic Financial Transaction Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of a detailed statement of deposit transactions to Acts and subordinate statutes;

1. Articles 49(4)1, 6(3)1, and 6(3)1 of the Act on Electronic Financial Transactions concerning criminal facts (the fact that the defendant is against himself/herself at the time of committing the crime of this case, the first crime, and other circumstances shown in the argument of this case shall be considered);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of the facts charged shall not transfer or acquire any access medium in using or managing the access medium under the Electronic Financial Transactions Act;

Nevertheless, on November 17, 2017, the Defendant would make a loan by accumulating the transaction performance when sending a e-mail card from a person who is not his/her name, in Daegu-gu, Seogu, Daegu-gu. B.

“In receipt of the proposal “,” and transferred a physical card connected to the G bank account (H) in the name of the Defendant via Kwikset Service to the said name in return for the delivery to the said name in return for the transfer of an access medium under the Electronic Financial Transaction Act.

2. As evidence corresponding to the above facts charged, only a statement is made by the defendant in the court and the investigative agency, and there is no other evidence for reinforcement.

Therefore, this part of the facts charged constitutes a case where there is no proof of crime.