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(영문) 창원지방법원 통영지원 2019.09.05 2019고단538

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 price therefor.

Nevertheless, on February 18, 2019, the Defendant received a proposal from the deceased and accepted it to the effect that “If he/she lends a physical card, he/she will give KRW 1,200,000 per sheet of the card,” and then, on February 20, 2019, he/she dried three copies of the physical card connected respectively to the Defendant’s name B Bank (C, D) and E Bank passbook (F) through the post office’s address. < Amended by Act No. 1417, Feb. 20, 2019>

As a result, the Defendant lent a means of access used in electronic financial transactions to receive, demand or promise the payment.

Summary of Evidence

1. Defendant's legal statement;

1. A written complaint of G;

1. A copy of deposit receipt;

1. Return on financial transaction information;

1. Application of the Acts and subordinate statutes of H dialogue photographs;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense (a point of lending access media);

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

1. Selection of an alternative fine for punishment;

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;