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(영문) 대구지방법원 경주지원 2017.04.28 2016고단718
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 lend an access medium while receiving, demanding or promising to receive compensation in using or managing the access medium.

Nevertheless, the Defendant, on March 31, 2016, lent a cash card, etc. connected to the account opened in the name of the Defendant to the third party in front of the Kwikset, on the following occasions: (a) on March 31, 2016, the Defendant, through Kwikset service articles, sent to the third party a cash card, etc. connected to the community credit cooperative account in the name of the Defendant and lent its password to the third party and lent its access media.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to letter of commitment, such as a statement of remittance transactions, report on internal investigation (Attachment to a statement of transactions of passbooks of the Saemaul Depository), search inspection warrant and reply, membership and application for deposit transactions;

1. Article 49 (4) 2 of the relevant Act and Articles 49 (4) and 6 (3) 2 of the Act on Electronic Financial Transactions through which a punishment is chosen for a crime (excluding the selection of punishment, the selection of a punishment, and the use of a leased account by a defendant for another crime) but the nature of the crime is not minor, such as the confession of the defendant and the absence of the records of the same kind of crime, in consideration of the fact that the defendant has led to his confession, etc

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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