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(영문) 의정부지방법원 고양지원 2019.01.09 2018고단2798

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No one shall, while promising to receive compensation, lend the means of access under the Electronic Financial Transactions Act to any third person.

Nevertheless, on February 21, 2018, the Defendant issued a proposal that “a physical card is lent to one month, if any, shall be paid KRW 3 million.” In addition, the Defendant sent one physical card and one password connected to the Defendant’s bank account (D) in the name of the means of access to the Kwikset Service.”

Accordingly, the Defendant promised to receive compensation and lent the means of access under the Electronic Financial Transactions Act.

Summary of Evidence

1. Defendant's legal statement;

1. The application of police statements, investigation reports (the details of the account transactions that were returned - C Bank Acts and subordinate statutes);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although there is a same kind of reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the crime is deemed to have been committed at the time of the crime of this case, confession and reflects the crime, the number of the borrowed bankbooks is one, and all other factors for sentencing as prescribed by Article 51 of the Criminal Act are considered.