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(영문) 대구지방법원 2017.05.10 2017고정631
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium to use or manage any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions by requiring or promising to receive any consideration, unless otherwise provided for in any other Act.

Nevertheless, on December 8, 2016, the Defendant was urged to provide 500,000 won to a mobile phone text message from a person without his/her name to a mobile phone, and on December 9, 2016, around 13:30 on December 9, 2016, the Defendant sent the physical card connected to the Defendant’s Saemaul Bank Account (Account Number: D) to a person without his/her name and promised to notify his/her password of his/her password’s secret number through Kwikset’s service and lent a accessible medium in the electronic financial transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to E, F, G, and H;

1. A written statement of I;

1. To control the execution data of a warrant of search and seizure, and persons who engage in licensing crimes;

1. Application of Acts and subordinate statutes of internal investigation reports (No. 8,9 of evidence);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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