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(영문) 대구지방법원 서부지원 2018.01.17 2017고단1399
전자금융거래법위반
Text

Defendant shall be punished by a fine of four 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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, on December 12, 2016, the Defendant: (a) received a proposal from a person without his/her name to “be a food material distributor; (b) need to save taxes; (c) one account is 300,000 won a day from the bank account; and (d) two accounts are 70,000 won a day from the account; and (c) gave consent thereto; (d) around December 16, 2016, the Defendant sent a box, which is linked to the Daegu-gu Apartment apartment security office under the name of the Defendant, to the Daegu-gu apartment security office, Daegu-gu, and the Korean bank account (D); and (d) sent it to the person without his/her name via an irregular article; and (e) notified the above person without his/her name of the password of the password card’s password to the Kakaoo.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. A certificate of transfer confirmation, a notice of sale, a certificate of transfer confirmation, etc.;

1. The transaction details of Daegu Bank under the name of A, and the transaction details of Korea Bank under the name of A;

1. Application of Acts and subordinate statutes to a criminal investigation report (as to attachment of a copy of a passbook of the suspect Daegu Bank or the Korean bank account);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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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