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(영문) 부산지방법원 동부지원 2018.01.11 2017고정1121
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or acquire a medium access to financial transactions.

Nevertheless, on April 2015, the Defendant sent the Defendant’s check card in order to obtain a loan from the Defendant in front of his residence in Busan-gun, Busan-gun.

In response to the request of a person without a name, even though the person has already been punished for the transfer of the same type of financial transaction access media, he/she sent the name card of the defendant's name and the password to the person without his/her name and transferred the financial transaction access media without securing any information or the method of return of the card, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation reports (referring to investigation by the transferor of a large card, and cases concerning prosecution for the confirmation of victims), copies of a search and inspection warrant, and response data;

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

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