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(영문) 대구지방법원 2018.05.02 2018고단768
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while demanding, demanding or promising the consideration in using or managing an electronic card used in electronic financial transactions, electronic information equivalent thereto, certificate, password, etc.

Nevertheless, on November 8, 2017, if the Defendant sent the e-mail card to a mobile phone text message from a person without his/her name, he/she received a contact with 700,000 won per day, and consented thereto, and then, around 14:30 of the same month at around 10:30 of the same month, the Defendant sent the e-mail card connected to the e-mail account (Account Number: D) under the Defendant’s name to the e-mail and lent the e-mail access medium to the electronic financial transaction by sending the e-mail card to the person without his/her name and promising to notify the password.

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 transactions in each account;

1. Relevant legal provisions concerning criminal facts, Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions for the Selection of Punishment, and Selection of Fines (Consideration of the fact that the defendant has no particular record of committing a crime, and reflects his/her wrongness);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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