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(영문) 인천지방법원 2018.09.18 2018고단5814
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 while receiving, demanding or promising to receive any consideration in using or managing any access medium of electronic financial transactions.

Nevertheless, on May 13, 2018, the Defendant borrowed an account from a person who is in the name of the defendant on his or her own account to find out the portion of the room, and 2.10,000 won per head of the Tong per day is rarely known.

“On the same day, after receiving the text message, the above proposal was accepted by putting the phone to the above person, and then delivered two physical cards connected to the Defendant’s name bank account (B) and the Defendant’s post office account (C) in the vicinity of Bupyeong-gu Incheon Bupyeong-gu Incheon, to the above person without the name, and notified the above person of the password of each of the above physical cards.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on transaction statements;

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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