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(영문) 의정부지방법원 고양지원 2017.11.09 2017고단2682

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

Unless otherwise expressly provided for in any other Act, no person shall lend any access medium while giving, receiving, demanding or promising to provide any electronic card used to issue a transaction instruction or to secure the authenticity and accuracy of the details of the transaction with users and any other means of access, such as a password, necessary to use such card or information.

Nevertheless, on August 7, 2017, the Defendant promised to receive KRW 10 million from the Defendant’s office located in B, B, 201, through Kwikset’s service, in one month to the needy person, and lent the cash cards and passwords that are linked to the account in his name, KEB bank account (Account Number: C), and the Nong Bank account (Account Number: D), and the Nong Bank account (Account Number: E).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Certificates of verification and certificates of provision of financial transaction information;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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;