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(영문) 춘천지방법원 영월지원 2016.06.07 2016고단126
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 one shall lend any access medium while requiring or promising to give instructions on transactions in electronic financial transactions or use and manage any access medium used to secure the authenticity and accuracy of users and the details of transactions.

Nevertheless, on January 8, 2016, the Defendant would pay a loan fee of KRW 3 million per month on the face of the lending of the head of the Tong from a person who is in a name-free position.

“I hear the horses, at around 17:00 on the same day, sent cash cards, passbooks, etc., which are an access media to the Defendant’s name-based mutual savings account (C) in the vicinity of the Defendant’s house located in Pyeongtaek-gun, Chungcheongnam-gun, Suwon-gun, Kwikset service.

Accordingly, the Defendant lent access media used to give transaction instructions in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Results of the transfer management by deposit account;

1. Application of the statutes of the ledger on Account Transactions;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen, and the selection of fines (including the fact that there is no previous conviction for the same offense);

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;

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