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(영문) 대구지방법원 2019.01.22 2018고단5108
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall, 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, etc., borrow or lend a means of access while demanding or promising to receive compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on August 2018, 2018, the Defendant issued a proposal to the effect that “the employee of a liquor company is an employee of a liquor company, and if the head of the passbook is lent for three days, three million won will be given.” Around that time, the Defendant sent a physical card connected to the account under the name of the Defendant (Account Number: D) by using Kwikwikset’s services in front of Daegu Suwon-gu 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. Statement to E by the police;

1. Application of trade-related Acts and subordinate statutes;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order has a record of having been investigated as a means of access in the past.

Nevertheless, it did not reflect his own mistake at all, and it repeats his assertion that he is not aware of the victim.

The defendant's age, occupation, character and conduct, environment, motive, means, and result of the crime, records such as circumstances after the crime, and various conditions of sentencing specified in the pleading of this case shall be determined as ordered by taking into account such circumstances and the conditions of sentencing.

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