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(영문) 서울북부지방법원 2017.11.16 2017고정1817
전자금융거래법위반
Text

Defendant shall be punished by a fine of 2.5 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 other Act, no one shall lend or lend any access medium to any third party for the purpose of using or managing access medium for electronic financial transactions, unless otherwise expressly provided for in any other Act.

Nevertheless, on July 2017, the Defendant borrowed a e-mail card to use the e-mail account for three days from the deceased in the first place, and consented to the proposal, and then, on July 10, 2017, the Defendant sent e-mail a e-mail card to the article of Kwikset in the name of the Defendant’s bank account (Account Number B) and the e-mail of the e-mail card connected to the e-mail’s bank account (Account Number C) to the article of Kwikset in the front of the department store.

Accordingly, the defendant promised to receive the physical card and password, which is a medium access to electronic financial transactions, for consideration.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints and statements of D;

1. Certificates of identification;

1. Application of Acts and subordinate statutes to certificates of deposit transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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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