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(영문) 대구지방법원 2019.09.03 2019고단3225
전자금융거래법위반
Text

Defendant shall be punished by a fine of five 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

In using and managing a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certification certificate, password, no one may borrow or lend a means of access while receiving, requesting or promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, on April 18, 2019, the Defendant received a proposal from a nameless person who received a request from the Defendant to the effect that “The head of a liquor company is a staff member of a liquor company and will lend a physical card to be used for the purpose of tax reduction and exemption, with 800,000 won per day and return it after using it for 3 days.” On the same day, the Defendant sent a copy of the physical card linked to the Defendant’s name bank account (Account NumberD) by using selective distribution services at a c agency located in Daegu-gu, Daegu-gu, the same

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes, such as details of transactions;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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