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(영문) 대구지방법원 서부지원 2017.05.26 2017고단131
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 one shall lend any access medium while promising to receive compensation in using and managing access medium under the Electronic Financial Transactions Act.

Nevertheless, on October 18, 2016, the Defendant: (a) received a proposal from a false name-based person who misrepresented to a supplier of alcoholic beverages, stating that “The Defendant will use the e-mail card only for 3 days on the high seas; and (b) KRW 1.6 million from the 1.6 million to the 1.6 million won per each account with a fee; (c) on October 19, 2016, through Kwikset Service Articles that sent the name-based winners before the Defendant’s office located in the Daegu Seo-gu, Daegu-gu, the Defendant transferred the e-mail card connected to the new bank account in the name of the Defendant; and (d) notified the account number and password, respectively.

Accordingly, the defendant agreed to receive compensation and lent access media to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to a copy of a bankbook transaction and a detailed statement of deposit transaction;

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 (the first offender, the first offender, the recognition of the crime, and other consideration);

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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