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(영문) 창원지방법원 통영지원 2019.08.29 2019고단510

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 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 consideration therefor.

Nevertheless, on February 25, 2019, the Defendant listened to the purport that “When sending the crow card to allow the payment of interest, the Defendant would make a loan.” On March 8, 2019, the Defendant issued one cock card connected with the Defendant’s name Samsung Securities Account (D) via Kwikset Service’s article.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. E’s written petition;

1. A certificate of the results of electronic financial transfer;

1. Documents regarding seizure warrants and replies;

1. Application of Acts and subordinate statutes to data submitted;

1. Relevant legal provisions concerning facts constituting an offense, Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (which means lending any means of access) and the selection of fines;

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;