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(영문) 전주지방법원 2018.10.25 2018고단1121
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

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium to secure the authenticity and accuracy of users and details of electronic financial transactions while receiving, demanding or promising to receive compensation therefor, or keep, deliver or distribute such medium.

On March 12, 2018, the Defendant: (a) received the phone number and password from a person without a name, who would give 500,000 won per piece of call when transferring the check card to be used to reduce taxes on liquor companies; (b) issued the check number and password to a person without a name, which is linked to the post office account (Account Number: E) in the former So-gu Seoul Special Metropolitan City on March 12, 2018, and notified the person with a name, by telephone.

Accordingly, the Defendant lent the above e-mail card, which is a access medium used in electronic financial transactions, to demand or promise compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to F;

1. Application of the Acts and subordinate statutes (Evidence 6)

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Aggravated Punishment, the Defendant, in response to the proposal that he would be required to use the access media for the reduction of or exemption from taxes of liquor companies, without permission, lent the access media used for electronic financial transactions to a person who is not known in compliance with the proposal that he would pay for the lending of the access medium. Since the access media leased by the Defendant was actually used as a means of committing fraud, the case is not weak

However, according to the dialogues between the defendant and the non-party, the defendant himself/herself lent to him/her.

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