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(영문) 의정부지방법원 고양지원 2017.11.10 2017고정783

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 person shall transfer any medium access to electronic financial transactions in using or managing such medium.

Nevertheless, on June 29, 2015, the Defendant received a proposal from a nameless person who became aware of through the Internet advertisement to send a physical card necessary for the repayment of loans, and accepted it, and then used Kwikset Service’s Account (Account Number D) in front of the C building located in Gwangju City, and transferred the access media by informing the above nameless person of the password by telephone.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of details of transactions and replies to requests for provision of financial transaction information;

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

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;