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(영문) 대구지방법원 포항지원 2019.07.17 2019고정113
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

In using and managing the means of access, no one shall lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

On February 13, 2019, at around 12:59, the Defendant: (a) received text messages from a person who was absent his/her name to “to lend 300,000 won to 300,000 won if 30,000 won is lent to 30,000 won; and (b) delivered one physical card connected to the account of community credit cooperatives (Account Number:C) in the name of the Defendant in contact with the above person who was in the name of the Defendant. On February 14, 2019, the Defendant transferred one of the above physical card to the person who was not in his/her name at his/her name at the E business office located in the north-gu, North-gu, Gyeongpo-si, Gyeongpo-si, Gyeongpo-si,

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The document of F;

1. Financial transaction statement;

1. Investigation report (the result of execution of a warrant for search, seizure and inspection), report on internal investigation (the CCTV investigation at the point of withdrawal of damage amount);

1. Application of the Acts and subordinate statutes governing the output of a screen by cutting a G text message;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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