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(영문) 대구지방법원 서부지원 2018.06.05 2018고단36
전자금융거래법위반
Text

Defendant

A A shall be punished by a fine of KRW 5 million and by a fine of KRW 4 million, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium, or lend or take over any access medium in return for payment or in return for promise.

1. Defendant A, Nevertheless, the Defendant:

(a) On October 30, 2017, at the end point of the 1-1 bus in Daegu-gu, Daegu-gu, to receive KRW 300,000,000 instead of lending the e-mail card at the end point of the 1-1 bus in three days, and send one copy of the e-mail card connected to the account in his name National Bank (E) to non-resident;

B. On November 2, 2017, at G offices located in Daegu-gu, Daegu-gu, to receive KRW 300,000,000 from G offices instead of lending one month, and sent a copy of the physical card connected to the Daegu-gu bank account (H) under one’s name to the person in whose name the card was sent.

Accordingly, the defendant agreed to receive compensation and lent the electronic financial transaction access media.

2. Notwithstanding Defendant B, on October 30, 2017, the Defendant extended the physical card at the convenience store for the Daegu-gu I apartment complex to KRW 2 million, instead of lending it for three days at the convenience store for the apartment complex located in J, and sent a copy of the physical card connected to his name to the account (L) bank account in his name.

Accordingly, the defendant agreed to receive compensation and lent the electronic financial transaction access media.

Summary of Evidence

1. Defendants’ respective legal statements

1. Reports on damage from telephone finance fraud, and details of transactions;

1. Application of Acts and subordinate statutes on financial data;

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

1. Aggravation of concurrent crimes (defendant A), the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act;

1. Articles 70(1) and 69(2) of the Criminal Act, each of the Defendants’ detention in a workhouse

1. The act of lending, etc. of media access to the sentencing of Article 334(1) of the Criminal Procedure Act by each of the Defendants can be abused as a means of other crimes, such as tax evasion and singishing.

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