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(영문) 대구지방법원 2017.10.26 2017고단4910
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 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 October 23, 2016, the defendant is a company leasing heavy equipment, which requires the head of the Tong.

If the account is lent for one week, 300,000 won shall be given.

“To report and communicate the Internet comments posted “, to receive the consideration,” and then to deliver the physical card connected to the post office account (Account Number D) in the name of the Defendant at the Kakao Stockholm point located in the Kasan City, Sinsan, using the phone-line, and to inform the password as a Kakao Stockholm message.

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. Statement made by the police for E;

1. Application of Acts and subordinate statutes on remittance receipts;

1. Relevant legal provisions concerning criminal facts, and Articles 49 subparag. 2 and 6 subparag. 3 subparag. 2 of the Act on Electronic Financial Transactions in the Selection of Punishment, and Selection of Fines (it is highly harmful to the society of the crime of this case, and the access media actually leased by the defendant are used for the crime of this case). However, even though the nature of the crime is not negligible, the defendant is against the mistake, the defendant seems to have failed to obtain any economic benefits due to the crime of this case, and the damage amount was suspended from withdrawal and return of the damage amount to the victim, and the damage was not actually caused by the return of the victim, and the defendant has no criminal records of punishment exceeding the same criminal record and fine).

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;

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