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(영문) 인천지방법원 2016.09.09 2016고단5279
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall transfer any access medium used for electronic financial transactions in using and managing access medium.

On April 19, 2016, the Defendant: (a) received a proposal from a person who is unable to know his/her name, to the effect that he/she would lend his/her physical card to a person who is unable to know his/her name; (b) issued a new bank account (D) in the name of the Defendant to Kwikset service article with whom his/her name is unknown; and (c) transferred a accessible medium with the identification of the password.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 49 (4) 1 of the relevant Act and Articles 49 (4) and 6 (3) 1 of the Act on Electronic Financial Transactions through which criminal facts are applicable, and Articles 6 (3) 1 of the same Act (see, e.g., the choice of punishment, the fact that the criminal defendant is against himself/herself, and that the criminal defendant is the initial criminal);

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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