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(영문) 대구지방법원 경주지원 2017.03.29 2017고정54
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

No person shall borrow or lend any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration for the electronic financial transaction access medium.

Nevertheless, on October 11, 2016, the Defendant borrowed a passbook to be used by sports discussions and private sports horse businesses from his name in the near C convenience store of the Si-si on the following day: (a) on October 11, 2016, the Defendant opened the Defendant’s name bank account (Account Number: D) and the Saemaul Bank Account (Account Number: E) and sent the password of each account to the Defendant’s name, and then sent it to the Defendant’s name, “No. 3 Dong-dong 140 (No. 140) of Gyeyang-gu, Incheon.”

As a result, the Defendant promised to pay for the lending of electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a petition, a criminal investigation report (a warrant of search and seizure verification reply), and a criminal investigation report (request for provision of communications data);

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 of the Provisional Payment Order (see, e.g., the confession of a defendant, the account of a Korean bank appears to have been informed to an investigative agency of the fact of lending by a defendant himself/herself, and the fact that the defendant has no record

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