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(영문) 수원지방법원 여주지원 2016.11.01 2016고단945
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall issue a transaction request in electronic financial transactions or transfer or acquire a means of access used to secure the authenticity and accuracy of users and the details of such transaction, or borrow or lend a means of access or keep, deliver or distribute a means of access by requesting or promising to receive any consideration.

Nevertheless, at around 10:00 on March 9, 2016, the Defendant: (a) opened a personal card and password connected to the account of the National Bank (E) opened in the name of the Defendant in the name of the Defendant in Franju City, B, as “A credit is not good; (b) instead, in order to inquire into credit information, it is necessary to send it; (c) approximately three million won loan may be possible; and (d) around March 10, 2016, the Defendant opened a personal card and password connected to the account of the National Bank (E) opened in the name of the Defendant through Kwikset-si’s news article in the name of the Defendant in Finju City, around March 10, 2016.

As a result, the defendant promised to make compensation, and delivered the means of access to financial institutions to their names.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written petition;

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

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the means of access delivered by the accused through a person without the name is actually used to commit a telecommunications-based financial fraud, and that the accused is against and against his/her own criminal intent, and that the accused committed the instant crime in the course of receiving a loan due to his/her parents' living with the highest life, and that he/she has no record of being punished for the same kind of crime in the past, and that he/she has not

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