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(영문) 창원지방법원 밀양지원 2019.08.20 2019고정70

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

No one shall provide any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction with or promise to provide or receive any consideration therefor.

Nevertheless, on February 2, 2017, the Defendant received a proposal from a person who was unaware of his name who had misrepresented his staff member of this bent company, and accepted two physical cards connected to the Defendant’s name account (D) and the post office account (E) in front of the C dormitory of the C dormitory located in B, and sent it to a person who was unaware of his name. On the same day, the Defendant continued to receive the proposal, and then, accepted the proposal, and then sent three million won per account to notify the account number and password of the account connected to the cent to the cent.

Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Details of a warrant of search, seizure, verification, reply, and report on internal investigation (Attachment to the Internet banking access log records, etc. of the damaged account);

1. Application of Acts and subordinate statutes to the certificate of confirmation;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;