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(영문) 대구지방법원 서부지원 2018.11.28 2018고단1202
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 transfer or take over any access medium in using or managing access medium under the Electronic Financial Transactions Act.

Nevertheless, on November 27, 2017, the Defendant sent a e-mail card from the frontway C in Daegu-gu, Daegu-gu, to a person under whose name the Defendant would offer 2.1 million won as a fee, and delivered the e-mail card to Kwikset Service, which is linked to the post office account (D) in the name of the Defendant.

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 and details of transfer of money;

1. Articles 49(4)1, 6(3)1, and 6(3)1 of the Act on Electronic Financial Transactions for the crime at issue (including the fact that the defendant is against himself/herself at the time of committing the crime at issue, the fact that he/she has no record of the same kind of crime, and the number of transferred access media and other circumstances shown in the argument at issue);

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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