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(영문) 대구지방법원 2019.01.17 2018고단5110
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

In using and managing a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certificate, password, no one may borrow or lend a means of access while receiving, demanding or promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, around August 21, 2018, the Defendant received the proposal that “I will pay KRW 2,400,000 in return for use for 3 days if I lent the e-mail card to be used for the reduction or exemption of taxes to a person who is an employee of a liquor company,” from his name in Busan City, and accepted it, and around that time, I sent the e-mail card connected to the e-bank account (F) in the name of the Defendant to the e-bank account in the name of the Defendant, and notified the password to B.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes concerning the contents of bankbooks, remittance certificates, transaction lists, personal information, transportation books, and B dialogues;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act unfavorable to the defendant's provisional payment order: The circumstance in which the means of access leased by the defendant was used for the crime of fraud is recognized and contradictory to the fact that there is no record of punishment exceeding the same kind or fine, and the defendant's age, character, character, environment, family relationship, motive and consequence of the crime, and circumstances shown in the arguments of this case, such as the circumstances after the crime, shall be determined as per the order.

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