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(영문) 대구지방법원 포항지원 2018.06.27 2018고단206 (3)
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 with the receipt, demand or promise of compensation, or keep, deliver or distribute it for a crime, or lend or lease any access medium with the knowledge that it will be used for a crime, or store, deliver or distribute it with the knowledge that it will be used for such crime.

On March 2017, 2017, the Defendant: (a) heard the horses from B to “to offer a passbook with four names at KRW 100,000,000 per week”; and (b) accepting it, the Defendant thought that B lent a passbook, etc. connected to the account under the name of the Defendant to B.

On March 1, 2017, around 18:00, the Defendant transferred, to B, a passbook, physical card, and password connected to the account (Account Number: C) in the name of the Defendant, from the front side of the Namsan Elementary School located in the Ri of male in the North-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

Accordingly, the Defendant promised to receive the price, and lent the access media connected to the bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer under B;

1. Copy of the protocol concerning suspect examination of D; and

1. B written statements;

1. Application of Acts and subordinate statutes to a criminal investigation report (the details of transactions of passbook B sold by suspect B), investigation report (a document attached to the statement of transactions of AFF), investigation report (a confirmation of progress, etc. in trial proceedings against D and E), investigation report (a person who has last reverted to the access medium), investigation report (a copy of investigation report of suspect suspect E and D);

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) 2 of the same Act, and Article 6 (3) 2 of the same Act, and 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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