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(영문) 대구지방법원 서부지원 2019.05.16 2018고단2663
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 borrow or lend a means of access, or store, deliver or distribute a means of electronic financial transactions with respect to the use and management of the means of access.

Nevertheless, at around 18:16 on June 11, 2018, the Defendant received text messages to the effect that “50 days from the day from the date from which he was unable to know” from the person who was in the name of the deceased, and asked the person who was in the name of the deceased. In addition, the Defendant was not in the name of the deceased, and the account for tax avoidance is needed due to the tax evasion because of the telephone from the person who

If the account is lent, the fee of KRW 500,000 per export shall be reduced for each case, and "the bank account is opened and the check is sent."

On June 15, 2018, the Defendant visited B Bank delivery point in the name of the Defendant, opened a bank account (Account Number: C) under the name of the Defendant, and recorded the account password on the back of the physical card connected to the said account, and opened one copy of B Bank physical card to a male in the name of the non-resident in front of the Daegu-gun Eup Office located in the Daegu-gun, Daegu-gun, on June 16, 2018.

As a result, the Defendant lent the means of access to electronic financial transactions while receiving, demanding or promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the details of transactions of entry and withdrawal, replies to requests for financial transaction information, customer information inquiries (A), details of transactions of entry and withdrawal, and Acts and subordinate statutes which capture text messages;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The act of lending a means of access for electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is safe and safe.

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