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(영문) 대구지방법원 2018.05.10 2018고단424
전자금융거래법위반
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.

Nevertheless, at the end of March 2017, the Defendant sent the physical card connected to the Defendant’s name bank account (Account Number (Account Number (B) to the Nonindicted Party and lent the password to the Nonindicted Party through Kwikset Bank account (Account Number (Account Number (B) to the Nonindicted Party, and promised to send the password to the Nonindicted Party 7,50,000 won per day on the face of the lending Party’s 200,000 won of the 30,000 won on the face of the lending Party’s 30,000 won.).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on account transactions and response to financial data;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant committed the crime of this case without being able to do so during the period of suspension of execution; the circumstances favorable to the fact that the access media of this case was used for the crime of fraud: the defendant misleads and reflects the defendant; the defendant appears not to have actually taken profits due to the crime of this case; the defendant's age, sex, behavior, environment, family relationship, motive and consequence of the crime of this case; and other circumstances shown in the arguments of this case, such as the defendant's age, sex, sex, family relationship, motive and consequence of the crime, etc., shall be determined as ordered.

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