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(영문) 대구지방법원 서부지원 2018.10.17 2018고단576
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 November 17, 2017, the Defendant would pay the receipt cost of KRW 3 million per one account if the head of the Tong is required for tax reduction, and the account is lent from a person who assumes a false name who assumes the head of the B Company C around November 17, 2017.

On November 28, 2017, at the request of the Daegu Northern-gu, Daegu-gu, one account, two (E, F), two (H, I) bank accounts in the name of the Defendant, two (H, I) bank accounts, and five (K) news articles connected to Kwikset Bank accounts under the name of the Defendant. On November 28, 2017, the account was sent to the above-mentioned person via Kwikset Bank’s service, and the nameless person was notified of the password of each of the above physical cards.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning L;

1. Application of Acts and subordinate statutes in Part 5 to investigation reports (Attachment to a detailed statement of transaction in a lent 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 a selective fine for punishment (the amount of fine shall be determined, taking into account the various circumstances shown in the pleadings of the instant case, including the fact that the Defendant is against the time when committing the instant crime, that some amount of damage was returned to the victim, that was the primary offender, that was the number of access media leased, 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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