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(영문) 대전지방법원 서산지원 2018.10.26 2018고단907
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 person shall transfer or acquire any access medium used in electronic financial transactions.

On November 2016, the Defendant would give a loan when sending a e-mail card by telephone from a person without his name.

“The contact was received”.

Although the Defendant was well aware of the absence of a cash card and password in order to obtain a loan, the Defendant had been aware of the fact that there was no request for a cash card and password, and around that time, he did not prepare any safety device that could receive a physical card back to the D bank account (E) connected to the name of the Defendant on the front of the D bank account in the name of the Defendant.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F (2 times, 2 times, and 3 times);

1. Application of the Acts and subordinate statutes concerning financial transactions and internal investigation reports (Attachment to financial data);

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;

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