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(영문) 대구지방법원 2018.03.20 2018고단206
전자금융거래법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

Nevertheless, the Defendant, from October 15, 2017 to June 16, 2017, lent 300,000,000 won from the Defendant’s home located in Daegu Dong-gu B by means of text messages from a person in an in-nameless circumstance, who is a liquor company and needs to obtain tax reduction or exemption.

“On receipt of contact to the purport, the Defendant sent a physical card connected to the new bank account (Account Number: C) in the name of the Defendant, through Kwikset’s service, and promised to notify the password of the price, and lent a accessible medium in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the details of deposits, withdrawals and replies;

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);

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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