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(영문) 대구지방법원 2017.04.25 2017고단274
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 lend an access medium while receiving, demanding, or promising to receive any consideration in using or managing the access medium.

Nevertheless, on October 10, 2016, the Defendant received a telephone offer from a person who was not aware of his name at a place where he was unable to know, stating that “When sending three copies of the e-mail card, 600,000 won per 1 head of the e-mail card, she will take the e-mail form.” On October 17, 2016, the Defendant informed the number of a new bank (B) account in the name of the Defendant. On October 17, 2016, the Defendant e-mailed the e-mail, stating the e-mail card and password connected to each of the above accounts.

As above, the Defendant promised to pay for and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A petition for E works;

1. Application of Acts and subordinate statutes to a warrant of search and inspection;

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. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. No person charged with an offense shall lend any access medium while receiving, demanding or promising compensation in using or managing the access medium;

Nevertheless, on October 10, 2016, the Defendant received a telephone offer from a person who was not aware of his name, stating that “When sending three copies of the e-mail card, 600,000 won per 1 head of the e-mail card, she will take the form of monthly wage.” On October 17, 2016, the Defendant informed each account number of the national bank (F) and one bank (G) under the name of the Defendant. On October 10, 2016, the Defendant sent a me to the “D restaurant located in Jung-gu, Daegu-gu, Seoul Special Metropolitan City” (hereinafter referred to as the “Se-gu”) “A” restaurant stating two head of the e-mail card connected to each of the above accounts and the password.

As above, the Defendant promised to pay for and lent the electronic financial transaction access media.

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