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(영문) 대전지방법원 천안지원 2016.09.09 2016고단1294
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 provided for in any Act, no one shall transfer, take over or create a pledge any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, on January 7, 2016, the Defendant received a proposal from a person without his/her name, stating that he/she would lend an account that he/she would use by telephone, and sentenced him/her to such proposal. On the same day, the Defendant sent a physical card connected to the bank account (D) of the name of the Defendant to a person without his/her name, and notified him/her of the password by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement of transfer and a statement of transactions;

1. Application of Acts and subordinate statutes on a petition;

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. Taking into account the fact that there is no record of the same kind of reason for sentencing under Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment, and that there is a violation of the intention to commit a crime and the mistake;

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