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(영문) 울산지방법원 2016.03.31 2015고단2594
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall issue a transaction instruction in an electronic financial transaction while receiving, demanding or promising the payment therefor, lend or lend any access medium used to secure the authenticity and accuracy of the users and the transaction details, or keep, deliver or distribute such medium.

Nevertheless, on May 28, 2015, the Defendant promised that “I operate a private sports Saturday site, which requires a borrowed account, will be KRW 3.5 million per month from the loan of the head of the Tong.” The Defendant sent a e-mail card connected to the Defendant’s name (B) bank account in front of the Ulsan-dong-gu defense Dong-dong, Ulsan-gu, U.S. dong-gu, and sent the e-mail card, which is linked to the Defendant’s name (B) bank account, to the Defendant’s name, through the Kwikset service engineer.

Accordingly, the defendant loaned the access media to electronic financial transactions in return for the promise.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes on response data to the occurrence report (Fraud- Bosing), and Gyeongnam:

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: Taking into account the fact that the defendant's transfer of the electronic financial transaction access medium at a reasonable price with a promise and without permission, thereby impairing the stability and reliability of the electronic financial transaction; circumstances in which the defendant's physical card and passbook are abused for committing the instant crime, thereby causing the victim's favorable interest: The fact that the defendant seriously reflects the instant crime; and that the defendant has no criminal history of the same kind or any criminal record of suspended execution or heavier punishment;

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