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(영문) 수원지방법원 안산지원 2016.02.03 2015고단3912
전자금융거래법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall lend any access medium with the promise of compensation in using and managing the access medium used in electronic financial transactions.

Nevertheless, on February 4, 2015, the Defendant would pay KRW 200,000 per month user fee for one side of the loan from a person who has no name to the name of the Defendant.

On February 4, 2015, at around 17:20 on February 4, 2015, he/she accepted the proposal, and sent Kwikset service article to the above name-oriented party a passbook and physical card connected to the Defendant’s account in the name of one bank (B) through Kwikset service article. On the same day, he/she notified the name-oriented party of the above account’s password by telephone.

As a result, the Defendant promised to pay to a name-free person for the lending of access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of transaction;

1. Responses to requests for investigation cooperation and inquiries into communication confirmation data;

1. Application of the statutes governing delivery information domains and distribution electronic data of Kwikset companies;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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