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(영문) 광주지방법원 2018.02.20 2017고단5531
전자금융거래법위반
Text

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

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Criminal facts

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 compensation in the course of using or managing the access medium for electronic financial transactions.

On September 4, 2017, the Defendant received a proposal from the “B” person who was unable to identify his/her personal information, and received the proposal, and then sent the physical card connected to the Defendant’s name bank account and post office account account account in Gwangju Mine-gu, to “B” in the door-to-door, along with the passwords written in the paper, at the Defendant’s house located in Gwangju Mine-gu, on September 15, 2017.

Accordingly, the defendant lent the electronic financial transaction access media in return for the promise.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. E statements;

1. Verification of transaction details, and application of Acts and subordinate statutes on transaction specifications by account;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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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