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(영문) 대구지방법원 포항지원 2018.05.30 2018고정128
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in 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.

On January 25, 2018, the Defendant: (a) received a proposal from his name influor and influorial currency to “to invest ten times the amount invested by lending head of passbook in the sports territory; (b) decided to lend an approaching medium by accepting the proposal; (c) on January 25, 2018, at the Dong-gu Seoul Special Metropolitan City terminal located in the Dong-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant transferred a physical card connected to the name in the name in the name of the Defendant’s Saemaul Bank account (Account Number:B).

As a result, the defendant promised to receive the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes on transfer confirmation, customer information, and details of passbook transactions;

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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