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(영문) 인천지방법원 2016.09.08 2016고단4674
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall lend or lend any "means of access", such as an electronic card, used to make a transaction request in electronic financial transactions or to secure the accuracy and reliability of users and the details of transactions, in promise of any consideration.

On April 21, 2016, at around 15:00, the Defendant received 10% of the money deposited in the national bank account (D) and corporate bank account in the name of the Defendant from C Company in Gyeyang-gu, Incheon, on the condition that he received 10% of the money deposited in the bank account (E), and on the condition that Kwikset service, the account number and password were sent to the name partner, and the account number and password were sent to telephone communications.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of details of transactions and financial transaction details statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a selective fine (to be imposed in consideration of the primary crime committed by the defendant and the fact that there are almost no profits acquired by the crime in this case);

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

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

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