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(영문) 대구지방법원 2019.05.08 2019고단418
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 July 26, 2018, the Defendant: (a) received a proposal from a nameless person who assumes the position of an employee of a liquor company by telephone, etc. and consented to “to use a physical card to be used for tax reduction and exemption once and three million won.” (b) around 17:40 on July 26, 2018, the Defendant sent a copy of the physical card connected to the B’s account in the name of the Defendant in the name of the non-defluent person using the phone at the Gyeongsan post office located at around 130, 2018 at around 17:40 on July 26, 2018.

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 D police statement;

1. Each detailed statement of deposit transactions;

1. Application of Acts and subordinate statutes of search, seizure and verification warrant reply;

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. According to Article 334(1) of the Criminal Procedure Act of the provisional payment order, the defendant shall be sentenced to the same punishment as the order, taking into account the following factors: (a) the defendant confessions a criminal act; (b) the same criminal record does not exist; and (c) the importance of legal interests infringed

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