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(영문) 대구지방법원 2018.12.18 2018고단4799
전자금융거래법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.

Nevertheless, on September 12, 2018, the Defendant: (a) misrepresented the “B company’s employee”; (b) made a loan by raising credit points by repeatedly making a transaction performance by sending a e-mail card; and (c) returned the e-mail card.

Around September 13, 2018, after receiving a proposal to the effect that it was “,” a copy of the Cze Card connected to the Defendant’s name-based bank account (Account Number: D) at the exit No. 4 preceding the completion of Saridong, Dongjak-gu Seoul Metropolitan Government.

Accordingly, the Defendant, knowing that it will be used for crime, lent access media to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes for the certificate of transfer confirmation;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 3 of the same Act, and the selection of fines;

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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