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(영문) 대구지방법원 서부지원 2018.03.13 2017고단1437
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 person shall borrow or lend any access medium in receiving, demanding or promising to receive, demand or promise any consideration in using or managing access medium of electronic financial transactions.

On January 16, 2017, the defendant used the mobile phone "C working in B," and returned it for three days on the face of receipt of an account that is not used as a tax-related issue.

Around 13:00 on January 20, 2017, the Defendant, upon receipt of a proposal, sent the 2.1 million won card and password of the bank account (F) opened in the Defendant’s name at the “E” coffee shop located in Daegu Northern-gu, Daegu-gu, to Kwikset service article.

Accordingly, the defendant committed the act of lending the approaching media while promising the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Account transfer details;

1. A warrant for search and inspection;

1. Provision of financial transaction information;

1. Application of statutes governing the content of text messages;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of fines concerning facts constituting an offense;

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

1. The act of lending media access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act ought to be strictly punished as a means of other crimes. However, considering the fact that the Defendant recognized his/her mistake and rebuttals, and the Defendant is an initial offender who has no record of crime, it is ordered as per Disposition.

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