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(영문) 대구지방법원 2019.11.27 2019고단3498
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

In using and managing a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certification certificate, password, no one may borrow or lend a means of access while receiving, requesting or promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, on April 10, 2019, the Defendant received a proposal from a person who was not the name of the Defendant to the effect that “the head of a liquor company will provide 800,000 won per day if he/she lends a physical card to be used for the purpose of tax reduction and exemption,” and then accepted it, then sent a copy of the physical card connected to the D account (Account Number: E) in the name of the Defendant at the C agency located in Yongcheon-si, Youngcheon-si, Youngcheon-si.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Statement of account transactions;

1. Application of Acts and subordinate statutes on reply to warrant execution;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In full view of all the circumstances, such as the confession of a criminal defendant on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the fact that there is no record of criminal punishment, and the importance of legal interests infringed upon by the crime of this case, a sentence identical to the order shall be imposed on

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