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(영문) 대구지방법원 2018.10.30 2017고단4705
전자금융거래법위반
Text

Defendant shall be punished by a fine of five 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

Except as otherwise provided for in other Acts, no one shall lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

The Defendant, on May 23, 2017, intends to grant a loan from a person who is under his/her name in light of the name and status of the Defendant.

“On receipt of the text message “”, contact with a nameless person and give three million won per unit if it exceeds the physical card and password.

“After hearing the phrase “,” and consenting, around 16:00 on the 24th day of the same month, a cash card, linked to the new bank account (Account Number: B) in the name of the Defendant, was transferred to a person under the name of the Defendant before the end of the 24th day of the same month, through Kwikset service article.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes, such as written confirmation of transfer results;

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) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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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