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(영문) 대구지방법원 김천지원 2018.07.10 2018고단464
전자금융거래법위반
Text

Defendant shall be punished by a fine of four 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, the Defendant opened a bank account in the name of a legal entity and sent the e-mail card, etc. connected to the account to a person whose name is unknown, and received KRW 30 million from the said legal entity’s name as a loan, and promised to receive KRW 15 million from the said legal entity. On May 2017, the Defendant used the e-mail-1 Dong community service center, in front of the e-mail-1 Dong community service center in the name of Eunpyeong-gu Seoul, the No.C. under the name of the limited company B (Account Number C), the Korean bank account (Account Number D), the Korean National Bank account (Account Number D), and the e-mail card total linked to the said account, to a person whose name is unknown.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to listen to the method of delivering passbooks to the Korean bank or the national bank that opens the suspect);

1. Application of Acts and subordinate statutes on a transaction application by account, submission of additional data, and details of each transaction;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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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