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(영문) 대전지방법원 서산지원 2019.01.23 2018고단1235
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

In using and managing the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

On July 1, 2018, the Defendant received a proposal from a person without his/her name, to inform him/her of the ID and password of an authorized certificate connected to the account, and to provide loans if he/she informs him/her of the serial numbers of the OTP card, he/she would do so after accumulating his/her transaction performance. On August 1, 2018, the Defendant notified him/her of the identification number and password of the DNA bank account (E) in the “CPC bank” located in Seosan-si B, Seosan-si, of the identification number and password, the Internet banking ID ID and password connected to the account, the connected OTP card serial number, and the identification number and password generated in the above OTP card more than 15 times from 14:42 to 16:01 on the same day.

As a result, the Defendant promised to receive intangible expectation interest that can be obtained future loans through the details of deposit and withdrawal transactions, and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with regard to F (a copy);

1. Application of Acts and subordinate statutes concerning specification of 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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