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(영문) 인천지방법원 부천지원 2020.04.28 2020고단259
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 access, no one may borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around October 17, 2019, the Defendant accepted the proposal that “I would create a Masp passbook by making a transaction performance if you send the Maspbook.” On the same day, the Defendant sent a Maspbook (E) connected to the Dakset Account (E) account in the name of the Defendant at Kimpo-si B and Cdong, via Kwikset service articles, and sent the Kakset Card’s identification number to the above Maskset message.

As a result, the Defendant promised to receive intangible profits that can receive future loans and provided two physical cards, a means of electronic financial transactions, collectively.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Provision of financial transaction information (customer personal information inquiry and certificate of deposit transaction performance);

1. Application of each passbook sign, account transaction details, and message output Acts and subordinate statutes;

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

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

1. Selection of an alternative fine for punishment;

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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