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(영문) 대구지방법원 2018.05.30 2018고단1018
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or acquire any electronic card or other similar electronic information, certificate, password, or any other access medium used in electronic financial transactions.

Nevertheless, on December 2017, the defendant lent two accounts to receive money from his or her name-free person from his or her name-free person (hereinafter referred to as "the defendant lending 300,000 won from his or her lux to his or her lux in sports discussions") and used 20,000 won per account and immediately remitted KRW 60,000,000." On December 2017, the defendant received a proposal and accepted the proposal, and then sent the account number and password to his or her name-free person through Kwiksetkset Bank (Account Number (B) service connected to the Saemaeul Bank in the new-gu, Daegu Metropolitan City, Daegu Special Metropolitan City.

Accordingly, the defendant transferred the access media to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Detailed statement of transactions of automation machinery;

1. Application of an application for deposit transactions, confirmation of customer transactions, confirmation of the purpose of gold transactions, and application of Acts and subordinate statutes on account transactions;

1. Article 49 (4) 1 and Article 6 (3) 1 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 a selective fine for punishment (Considering the fact that the defendant has no record of committing the same kind of crime, that the defendant doubtfuls that his account is used for a crime and reported the loss of the account, and that he reflects his mistake);

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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