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(영문) 대구지방법원 서부지원 2017.06.30 2017고단134
전자금융거래법위반
Text

Defendant shall be punished by a fine of three 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 lend or transfer any access medium to the use or management of any access medium under the Electronic Financial Transactions Act, except as otherwise expressly provided for in any other Act.

Nevertheless, the Defendant was proposed to offer 1.2 million won in return for the lending of the account from a person who misrepresented his/her employee. On September 2016, 2016, the Defendant lent one physical card connected to the company bank account in the name of the Defendant to Kwikset Service Articles who sent the name-free winners on the roads front of the Daegu-gu Dong-gu Seoul Special Metropolitan City Community Service Center. The Defendant sent the password to Kwikset Service Articles, which was linked to the company bank account in the name of the Defendant.

As a result, the Defendant promised to pay for the consideration, and used access media under the Electronic Financial Transactions Act for others.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning the facts constituting an offense, and the selection of fines (including the fact that the accused is against himself/herself, the first crime, 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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