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(영문) 부산지방법원 2021.02.03 2020고정1398

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No person shall, with respect to the use and management of access media, lend or lend any access medium with the knowledge that it will be used for a crime or for the purpose of using it.

On November 21, 2018, the Defendant, without confirming the details of personal information, office location, etc. of a person who was not his name, provided a specific time, place, and method to receive a return of the physical card, and thereafter, provided that, by telephone, the Defendant believed that “to lease the physical check card to be used for solving tax issues, it is intended to pay the price in front.” On November 21, 2018, around November 21, 2018, the Defendant lent the access medium by promising Kwikset to return the physical card in return for the price in return for the new bank account (Account Number: D) in his name to the person who was not his name.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of this Act and subordinate statutes to the output of the screen pictures of the content of the police statements made to E, verifying the details of transactions in the police statements made to E, warrant of seizure of evidence and replies data

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding 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;