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(영문) 대구지방법원 김천지원 2018.06.26 2018고단341
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

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, in return for lending the card connected to the account, the Defendant promised to receive KRW 3 million per head of the Tong from the person in whose name the account was not known. On November 15, 2017, in front of the Defendant’s residence in the Gumi-si B and 109 Dong 1006, the Defendant sent the name of the head of Kwikwikset’s Saemaul Card (Account C) to the person whose name is unknown, using Kwikset’s Services.

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 made by the police against D;

1. Application of Acts and subordinate statutes to data output en bloc of transfer confirmation certificates;

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

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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