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(영문) 창원지방법원 통영지원 2020.06.17 2019고정340

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall lend any means of access, such as an electronic card, password, etc. used to issue a transaction request or to secure the authenticity and accuracy of the details of the transaction with users and information thereon in electronic financial transactions, upon receipt, request or promise of the price therefor.

Nevertheless, around July 5, 2019, the Defendant received a proposal from an unqualified person to the effect that “the Defendant sent a physical card so that it may directly release the principal and interest of the subject to lending,” and consented thereto. On July 8, 2019, around 17:00, through Kwikset service, one physical card connected with the account of community credit cooperatives (D) in the name of the Defendant was sent to him/her, and then notified him/her of the password’s password via Kwikset Services.

As a result, the Defendant promised to lend a means of access used in electronic financial transactions in return for an intangible expected profit to receive a future loan.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes concerning details of gold transactions;

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