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(영문) 대구지방법원 2017.07.07 2017고단2497
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium while demanding or promising to receive any consideration, or promising to do so in using and managing an electronic card, electronic information equivalent thereto, certificate, password, etc. in electronic financial transactions.

Nevertheless, on February 13, 2017, the Defendant: (a) received a proposal from a person in a false name from the person in a false name, to “be paid a fee of KRW 1,500,000 per account per 1,50,000 on a face-to-face account from the person in a false name; and (b) lent Kwikset Service Articles who sent a false name prior to the withdrawal of the same address No. 3 in the same region as the 14:00 on the 14th day of the same month to the Korean bank account in the name of the Defendant; (c) issued one physical card connected to the national bank account (B) and the national bank account (C); and (d) lent a accessible medium in the electronic financial transaction by informing the person in a false name by telephone to receive compensation by informing the password; and (e) lent a accessible medium in the electronic financial transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each protocol concerning the suspect examination of the police against the accused;

1. Statement made in the police statement protocol with D;

1. Ascertainment of transaction details, inquiry of the entry into and departure from a national bank, and application of each statute on the entry into and departure from a Korean bank;

1. Article 49 (4) 1 and Article 6 (3) 1 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. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are as follows: (a) the Defendant lent two accessible media to the Defendant; and (b) each deposit account appears to have been used to commit the instant crime; (c) the Defendant appears to have no profit from acquiring through the instant crime; (d) the Defendant lent the media to the Defendant was only two; and (e) the Defendant was not subject to criminal punishment.

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