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(영문) 대구지방법원 2017.10.18 2017고정1200
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 person shall borrow or lend any access medium or store, deliver or distribute any access medium while demanding, demanding or promising the consideration in using or managing an electronic card, electronic information equivalent thereto, certificate, password, etc. in electronic financial transactions.

Nevertheless, on May 2016, the Defendant would lend 2.5 million won per 2.5 million won per her own physical card from a person who has no name at the end of the horse.

On May 26, 2016, at the Dong-gu High Bus Terminal located in Dong-gu, Daegu-si, Daegu-si, the head of the Dong-gu, sent the physical card and password, etc. connected to the Agricultural Cooperative Account (Account Number: B) under the name of the defendant, to the door-to-door store distribution of high-speed bus freight, and then sent the phone card and password, etc. to the name of the owner to receive the price for the access media in electronic financial transactions.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement prepared by the defendant;

1. Each petition and statement of C, D, E, F, G, H, I, J, K, L, and M;

1. Application of each verification certificate, each closure to screen data, new data, each transfer details, receipts, specifications of transactions, and written confirmation of transfer; and the application of Acts and subordinate statutes;

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;

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