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(영문) 인천지방법원 2016.11.24 2016고단7130

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall borrow or lend any "means of access", such as an electronic card, used to make a transaction request in electronic financial transactions or to secure the accuracy and reliability of users and the details of transactions, in promise of any consideration.

On July 14, 2016, at around 15:00, the Defendant issued two physical card linked to the corporate bank account (D) and the Japanese bank account (E) under the name of the Defendant to the bearer through Kwikset Service, on condition that he receives two million won per account.

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. Application of F’s written Acts and subordinate statutes;

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

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

1. Selection of a selective fine (a sentence shall be imposed in consideration of the fact that the defendant was the first offender and the actual gains acquired by the crime of this case are deemed to have never existed);

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;