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(영문) 대전지방법원 서산지원 2017.05.19 2017고단228
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall lend the access medium with his/her promise of compensation in using and managing the access medium.

Nevertheless, on January 2017, the Defendant borrowed a e-mail card connected to the account held in the name of the Defendant from a person who was in the name of the Defendant with a letter message, and received a proposal to use it for the business of the online sports Saturdays and offer 5% of the betting amount through the account held in the name of the Defendant in return for it.

On February 10, 2017, the Defendant issued a physical card and password connected to the new bank account (B) under the name of the Defendant at the Seosan bus terminal located in the Dong-dong, Seosan-si.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to report on investigation (financial transaction information attached) and notification of data on financial transaction status;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine (such as the absence of benefit from the instant crime, the fact that the Defendant’s access media has repaid the victims of the phishing crime, the first crime, and the reflection thereof, etc.);

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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