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(영문) 대구지방법원 서부지원 2017.11.23 2017고단1167
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

Except as otherwise expressly provided for in other Acts, no one shall lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium of electronic financial transactions.

Nevertheless, on September 12, 2016, the Defendant would offer three million won when he/she borrowed a cream card from a person who has no name to the name.

“After receiving and consenting to the proposal, Kwikset Service Articles, who sent name-free winners before the office of Daegu-gu, and sent Kwikset Service Articles with C’s name, to the Defendant’s post office account (D) and sent the password of the above passbook by text message.

As a result, the Defendant promised to pay for, lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on financial transactions, replies to financial transactions, letters and photographs;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order has no same record to the defendant for the reason of sentencing, and the fact that there is no economic benefit acquired in the instant case, etc. shall be determined by a fine like the order, considering the favorable circumstances to

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