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(영문) 전주지방법원 2020.04.22 2019고정485
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall transfer any cash card, debit card, physical card, password, etc., which is a means of access to any third party.

Nevertheless, around July 2019, the Defendant received a proposal from a person who referred to as B company’s staff member by telephone (C) at a place where the location is unknown, stating that “If the Defendant is engaged in new export business, and the name is leased, it is necessary to purchase the new vehicle in the name of the company and transfer it to the name of the company. Therefore, if the Defendant sent personal information and the physical card, it would give KRW 3 million per unit.”

Accordingly, at around 16:00 on July 29, 2019, the Defendant sent the aforementioned proposals to Kwikset service article D, which was linked to the Agricultural Cooperative (E) account in the name of the Defendant, and notified the account number and password using Boksets.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) 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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