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(영문) 의정부지방법원 2019.10.01 2019고정1289
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer cash cards, debit cards, physical cards, etc. to any third party, which are the means of access used for the apparatus, such as an automatic cash payer, cash withdrawal machine, etc.

On March 2019, the Defendant: (a) transferred the physical card linked to the corporate bank account in the name of the Defendant in the name of the Defendant on March 20, 2019 to Kwikset-si, by delivering Kwikset-si’s (D) account in the name of the Defendant to Kwikset-si, for the purpose of obtaining a loan after receiving a proposal from the name infinite who misrepresented the employees of the lending company; and (b) “I would make a loan if you send the physical card.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of trade-related Acts and subordinate statutes;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. Suspension of execution under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da15488, Apr. 2, 2007); 201Da31448, Apr. 2, 2006)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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