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(영문) 수원지방법원 평택지원 2021.02.16 2020고정92

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall transfer any access medium except as otherwise provided in Acts.

On May 31, 2019, the Defendant: (a) received a proposal from a person who misrepresented the name of the lender to “to check whether he/she has traded and seized the e-mail card, and then lend 5 million won to him/her.” (b) received the proposal from the Defendant to send the e-mail card. (c) and received it.

However, the Defendant was well aware of the fact that the Defendant was unaware of the personal information of the above person who misrepresented to the loan business, and that the nameless person was unaware of the place where the check was sent, but he was aware of the fact that the check could not be recovered if he did not voluntarily return the check.

Nevertheless, on May 31, 2019, the Defendant sent to the fixed guard room for apartment units No. B, 16:00, one physical card connected to the company bank account (Account Number: C) under the name of the Defendant, and had Kwikset Service Articles who sent the name of the deceased around that time with one physical card.

Accordingly, the defendant transferred a physical card, which is an access medium.

Summary of Evidence

1. Police statements of the defendant in his/her court;

1. (A) To close the details of deposit and withdrawal transactions (A) and applying Acts and subordinate statutes to the name of the head of a Tong;

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and the selection of fines for criminal facts;

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

1. Article 334(1) of the Criminal Procedure Act provides that the Defendant was unaware of whether the instant crime was committed.

However, the above circumstance is merely a mere legal site, and it is difficult to regard it as a mistake in a legitimate law pursuant to Article 16 of the Criminal Code, and it does not interfere with the establishment of a crime.