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(영문) 부산지방법원 동부지원 2018.11.21 2018고단1926

전자금융거래법위반

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium in using or managing any access medium under the Electronic Financial Transactions Act.

Nevertheless, on April 25, 2018, the Defendant received a proposal from a person without his/her name to “to send a e-mail card, if he/she sent it, he/she will make a loan after accumulating his/her transaction performance,” and accepted it. On April 26, 2018, the Defendant used Kwikset’s service to deliver a e-mail card connected to the Da bank account (E) in the name of the Defendant at the office located in Busan-gun, Busan-gun, and attempted to notify the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written confirmation of the results of electronic financial transfer;

1. Photographs of the contents of G dialogue;

1. A copy of the bankbook; and

1. Application of the Acts and subordinate statutes to loan letters and photographs of the contents of G dialogue;

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and the selection of fines for criminal facts;

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;