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(영문) 대전지방법원 2018.04.27 2018고정79
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on July 6, 2017, the Defendant offered a proposal that he would use the check for the operation of a foreign gambling site and pay 10% of the amount withdrawn from the account if he/she lent it from a person who was in the name of the deceased. On July 6, 2017, around the 7th of the same month, the Defendant sent the check card and one head and password connected to the new bank account (B) in the name of the accused to the person who was in the name of the accused before the withdrawal from office in Busan Dong-gu, Busan.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C Police Statement Statement;

1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding 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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