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(영문) 대구지방법원 2015.08.20 2015고단3283
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall receive or lend any means of access for electronic financial transactions.

Nevertheless, around May 21, 2015, the Defendant received a proposal to pay the user fee of KRW 540,000,000 per day from a person who was named in the Defendant’s house, Daegu-gu Carryover 301, and accepted it and delivered a cash card connected to the Defendant’s one bank D account in the name of Kwikset through Kwikset service.

Accordingly, the Defendant promised to receive and lent the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

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

1. Selection of an alternative fine for punishment;

1. In the event that the means of electronic financial means, such as passbooks, are transferred to another person on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the punishment as ordered shall be determined by taking full account of the following circumstances: (a) the act of using electronic financial means, such as singing, gambling, etc., has been abused in the crime; (b) the criminal defendant repents and reflects his mistake; and (c) the fact that the criminal defendant has no same record of force; and (d) the motive, background, means and method of the crime of this case; (b) the situation before and after the crime was committed; and (c)

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