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(영문) 대구지방법원 서부지원 2018.03.27 2017고단1944
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall transfer or take over any access medium, or lend or take over any access medium in return for payment or in return for promise.

Nevertheless, on February 22, 2017, the Defendant lent the cash card at a post office located in the 3-dong, Seo-gu, Daegu, Seo-gu, Seo-gu, for three days, to receive KRW 700,000 per one day, and sent three copies of the cash card, each of which is linked to the accounts of the Saemaul Treasury (B, C, and DaD) and the accounts of the Saemaul Treasury in the name of the Defendant, to the non-resident.

Accordingly, the defendant agreed to receive compensation and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. F’s authentic statement, written statement, deposit certificate, etc.;

1. A document, written statement, deposit certificate, etc. of G;

1. Search and seizure inspection warrant and materials reply;

1. Investigation reports (investigation of suspect mobile phone text messages) and text messages, investigation reports (Attachment of a statement of entry and departure), details of account transactions, investigation reports (Attachment of records of receipt of two police cases related to the two accounts) and the results of search of police cases, and application of Acts and subordinate statutes on account transactions;

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 an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of lending media access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act ought to be strictly punished as a means of other crimes. However, in light of all the circumstances, such as the fact that the Defendant recognized his/her mistake and rebuttals, and the Defendant is an initial offender who has no record of crime, the sentence is ordered as above.

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