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(영문) 대구지방법원 안동지원 2016.06.17 2016고단153
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium necessary for electronic financial transactions, or take, demand or promise the consideration therefor, and lend or lease it.

On January 18, 2016, the Defendant introduced himself as “the director of a new export agency’s director of the C division of the company that purchased the e-mail card,” and asked the Defendant to lend the e-mail card to the Defendant, upon receiving a proposal from the above influence of the name, “on the face of sending the e-mail card, he deposits the e-mail fee into the account, and if he purchases and sells the e-mail vehicle using it, he would give KRW 3 million per fee.”

The Defendant, around that time, sent to Kwikset service articles who sent the above name in front of the 6 main apartment path of Taegu-gu, Taegu-ro, 35, one physical card connected to the company bank account (D) in his name, and then notified the above name Buddhist person of the password by telephone.

As a result, the defendant committed the physical card and password, which is an access medium, to another person while promising to pay for it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to copies of bankbooks and data on financial transaction status;

1. Relevant laws and Articles 49 (4) 2 and 6 (3) 2 of the Act on the elective Financial Transactions, and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of transferring access media used in electronic financial transactions on the grounds of sentencing Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly dangerous in that the access media can be used for various criminal acts, and the access media actually leased by the Defendant was used for licensing crimes.

However, the defendant is divided into and reflected in the crime of this case, and there is no record of the same punishment for the defendant.

In addition, the number of times of lending the access media in this case is only one time.

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