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(영문) 대구지방법원 서부지원 2017.08.30 2017고단385
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall borrow or lend any medium access to electronic financial transactions while demanding or promising the payment therefor.

Nevertheless, on December 19, 2016, the Defendant would use an account at a game exchange place where the account is lent, and pay one million won per month.

“On December 20, 2016, at around 10:00, the following day, Kwikset Service Articles sent to Kwikset Service Articles name-free winners prior to the Kwikset’s Account (Account Number: D) in connection with the Defendant’s name’s bank account (Account Number) and one check connected to the Defendant’s name’s bank account (Account Number: E).

Accordingly, the defendant committed the act of lending the access media in return for the promise.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of the specifications of transfer, data on details of transfer of accounts, and copies of passbooks;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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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