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(영문) 인천지방법원 2016.11.24 2016고단5513

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 person shall lend or lend any "means of access", such as an electronic card, used to make a transaction request in electronic financial transactions or to secure the accuracy and reliability of users and the details of transactions, in promise of any consideration.

On January 14, 2016, at around 15:30, the Defendant: (a) sent passbook and physical card to the bank account (C) in the name of the Defendant in front of the Bupyeong-gu Incheon Bupyeong-gu Btel, Incheon, under the condition that the Defendant would receive three million won or more from the bank account (C) in the name of the Defendant, and lent the means of access by promising Kwikset to return for consideration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to details of transactions, suspect A entry and exit transactions;

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

1. Selection of a selective fine for punishment (including the fact that the accused confessions and reflects the crime, and the fact that there exists no record of punishment exceeding the penalty power or fine due to the same kind of crime);

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;