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(영문) 대구지방법원 2018.04.13 2018고단825
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 to use or manage any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions by requiring or promising to receive any consideration, unless otherwise provided for in any other Act.

At around 13:00 on September 28, 2017, the Defendant contacted that “one million won per loan from the account to get tax reduction or exemption from the name of the Cheongcheon-si Agricultural Cooperative located in the Cheongcheon-si, Cheongcheon-do, Cheongcheon-do.” After consenting to this, the Defendant sent two copies of the physical card connected to the Defendant’s name bank account (B) and the Saemaul Bank Account (C) through Kwikkset’s service, and then lent the access media in electronic financial transactions, promising to notify the names of the persons who are not the names of the deceased by telephone of the identification number.

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 transactions of deposits, customer information inquiries, details of transactions of entry and departure;

1. Article 49 (4) 2 and Article 6 (3) 2 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 an alternative fine for punishment;

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act can be abused as a means of other crimes as well as impairing the safety and trust of financial transactions. In fact, in light of the fact that the access media of the defendant lent was used for the criminal act of Bosing, that the defendant was identical to that of the defendant, and that the defendant committed the crime of this case again during the period of probation, it is necessary to strictly punish the defendant.

On the other hand, the defendant reflects wrong and the defendant seems to have no profit from the crime of this case.

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