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(영문) 대전지방법원 천안지원 2018.01.19 2017고단2253
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 lend any access medium, etc. with the promise of a price to any third person to use a cash card or a password necessary for using a cash card which is an access medium to electronic financial transactions, a user number registered with a financial institution or an electronic financial institution.

Nevertheless, on March 2017, the Defendant: (a) received a proposal from a person in a false name who assumes the name “Sejin Logistics B” in a false place to “be paid KRW 3 million if he/she lends a cash card to five days due to the problem of tax reduction or exemption; (b) on March 5, 2017, the Defendant promised to deliver one check card connected to the Defendant’s name bank account in the name of the Defendant (D) and lent the password to the designated delivery officer who sent the above name in front, around 12:00 on March 5, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of each account transaction;

1. Application of Acts and subordinate statutes on a petition;

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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