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(영문) 서울북부지방법원 2018.05.03 2018고정455

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant heard that the Defendant would give a loan from a person in an unidentified name who reported and contacted a loan advertising message, and did not confirm his/her personal information, office, etc. at all, and without setting specific time, place, method, etc. to receive a return of the check, and sent the check card to the above person to use the Defendant’s account in the name of the Defendant.

The demand was received to ask for a change, and it was born at a time of transfer.

On July 2017, the Defendant transferred access media by using Kwikset’s service, which is an access medium in the post office account (Account Number B) in the name of the Defendant, to the above person in the name of the Defendant, and informing him of the password of the above account by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of statutes on certificates of deposit verification, inquiries about details of financial transactions, and personal information provided;

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;